1 2025:CGHC:724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9091 of 2024 Gopal Chouhan S/o Late Manohar Chouhan Aged About 35 Years R/o- Village- Kodatarai, Panchpara, Police Station- Jutemill, Raigarh, Tahsil And District- Raigarh (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Of The P/S.- Jutemill, Raigarh, Tahsil and District- Raigarh (Chhattisgarh) ... Non-Applicant(s) For Applicant(s) : Mr. Abhishek Saraf, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 423/2024 registered at Police Station Jutemill, Raigarh, Tahsil and District- Raigarh (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.07 11:32:55 +0530 2 punishable under Section 108 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the marriage between applicant and deceased was solemnized 7 years ago i.e. 2017. On 10.09.2024, wife of the applicant/Payal Chouhan committed suicide by hanging herself at her house and it is alleged that, she was being harassed by the applicant, it is further alleged that the applicant used to harass the deceased after consuming liquor, on 02.07.2023 an agreement was also executed before community, wherein applicant declared that he will not repeat the assault and abusive language with deceased, on the basis of such allegation, the aforesaid offence has been registered against the applicant and he is in jail since 04.10.2024. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the marriage of applicant with deceased was solemnized 7 years ago i.e. in 2017 and in those 7 seven years, there was no report regarding harassment was made by deceased and her family against the present applicant, as it is alleged by prosecution that the applicant used to harass the deceased, but after marriage why there was no any complaint made by the deceased or her family members. He He also submits that the applicant is having 4 years old child, namely, Jayant Chouhan and there is nobody in the house to take care of that child. The applicant is in jail since 04.10.2024, the applicant has no criminal antecedent, charge-sheet has been filed in the present case and the 3 trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant used to harass the deceased, who was her wife, after marriage, on account of which, the deceased committed suicide by hanging herself at home, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.10.2024, the fact that though the allegation against the applicant that he used to harass the deceased, who was her wife, after marriage, on account of which, she committed suicide by hanging herself at home, but cause of death is asphyxia as a result ante-mortem hanging, there was no ante-mortem injury found on the person of deceased, except ligature mark, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Gopal Chouhan, involved in Crime No. 423/2024 registered at Police Station Jutemill, Raigarh, Tahsil and District- Raigarh (C.G.) for the offence punishable under Section 108 of 4 BNS, be released on bail on his furnishing a 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 he 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 5 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 him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil