1 2025:CGHC:3168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9047 of 2024 • Chitrarekha D/o Ganeshram Aged About 35 Years Caste- Kurmi, R/o Village- Mudapar, Tahsil- Hardibazar, P.S.- Hardibazar,, District : Korba, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through- Police Station- Hardibazar,, District : Korba, Chhattisgarh ... Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 267/2024, registered at Police Station Hardibazar, District - Korba (C.G.), for the offence punishable under Section 108 of B.N.S., 2023. 2 2. As per the prosecution case, on 28.09.24 at 10.00 a.m. he had gone to the village to give some money, when he returned home, his daughter-in-law Shweta Yadav told him that the deceased had locked the door from inside and was saying that he would hang himself. Then she went and knocked on the door, when the door was not opened, her daughter-in-law Shweta Yadav called her relatives and people in the vicinity on mobile. Then people came and broke the door with a crowbar and went inside and saw that Ashok Yadav was hanging from a noose and he had died. On 31.10.24, during the investigation of the deceased Ashok Yadav alias Sonu in case no. 43/24 under section 194 BNSS in Hardi Bazaar police station, statements of witnesses were taken, the scene of the incident was inspected, post-mortem of the dead body was conducted, it was found in the inquest that the deceased used to drive an auto, the accused was in a love affair with the deceased for 4- 5 years, they often had disputes over personal relations, the accused used to threaten the deceased to lodge a report due to which the deceased was upset. On 28.09.2024, regarding the same dispute, a photo and message was posted on social media, Whatsapp, Instagram, Facebook and the accused threatened the deceased. After completing the investigation, charge-sheet under Section 108 BNS has been presented before the Justice Magistrate, Pali. 3 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submitted that deceased was a married person, he used to harass the applicant for making physical relationship and she has been implicated in the above mentioned crime just on the basis of suspicion, there is no material on the hand of the prosecution to connect the applicant with the above mentioned crime. He further submits that the charge-sheet has been submitted, the applicant is in jail since 11.11.2024. Therefore, he prays that the applicants be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant and charge-sheet has been filed, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact the there is no material on the hand of the prosecution to connect the applicant with the above mentioned crime, further the charge-sheet has been filed in the present case before the competent Court and he is in jail since 11.11.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Let applicant, Chitrarekha, involved in Crime No. 267/2024, registered at Police Station Hardibazar, District - Korba (C.G.), for the offence punishable under Section 108 of B.N.S., 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate 5 proceedings against her, in accordance with law, under Section 209 of BNS. (iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.01.20 11:50:27 +0530