1 2025:CGHC:12668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 447 of 2025 Govind Kaivart S/o Ramtahal Kaivart Aged About 30 Years R/o Village Saristal, Chowki Didouri Police Station Chilfi, District Mungeli Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police of Police Station City Chilfi, District Mungeli Chhattisgarh. … Non-Applicant For Applicant :Mr. Awadh Tripathi, Advocate. For Non-Applicant/State :Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17/03/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 141/2024, registered at Police Station – Chilfi, District Mungeli (C.G.) for the offence punishable under Sections 80(2) and 85 of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’). 2 The case of the prosecution, in brief, is that the applicant got PREETI KUMARI Digitally signed by PREETI KUMARI 2 married to Annapurna Nishad on 10.03.2024 and after 5 months of their marriage on 02.10.2024 at about 03:00 O'clock when the applicant went to the nearby medical store to buy some medicines and then he got a call from his niece that the wife of the applicant is not opening the door of her room and when the applicant reached his home, he peeked into the room from under the door and then jumped into the room from the adjacent room and found her wife hanging and by that time other family members entered the room and they got her down and after some time she stopped breathing and died. The allegation leveled against the applicant is that the applicant used to demand a motorcycle in dowry from his newly wedded wife due to which his wife, after 5 months of marriage committed suicide. On the basis of the aforesaid act, the offence under Sections 80(2), 85 of Bhartiya Nyay Sanhita has been registered and the applicant has been arrested on 11/11/2024 for the alleged commission of the offence. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the wife/deceased of the applicant never made any complaints or informed anyone during that 05 months of their married life that the applicant has demanded a motorcycle as dowry. Additionally, after the incident, the applicant himself went to the police station to give the information about the incident. There is no material evidence on record, no dying declaration and no eye- witnesses are available, further the charge-sheet has been filed and the applicant is in jail since 11.11.2024 and trial is likely to take 3 quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the allegation levelled against the applicant is that the applicant used to demand a motorcycle in dowry from his newly wedded wife due to which his wife, after 5 months of marriage committed suicide, therefore the bail application of the present application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant allegedly demanded a motorcycle as dowry from his newlywed wife, which led to her committing suicide just five months into their marriage, after the incident, the applicant himself went to the police station to give the information about the incident, and there is currently no material evidence, dying declaration and eye-witness testimony on record, furthermore the charge-sheet has been filed and he is in jail since 11.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Govind Kaivart, involved in Crime No. 141/2024, registered at Police Station – Chilfi, District Mungeli (C.G.) for the offence punishable under Sections 80(2) and 85 of Bharatiya Nyaya 4 Sanhita, 2023. (for short ‘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) 5 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 him in accordance with law. 8 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti