1 2025:CGHC:54862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7212 of 2025 Shishir Dubey @ Deepak Dubey S/o Rajendra Prasad Dubey Aged About 54 Years R/o Bajrang Ward Bhatapara, P.S.-Bhatapara City, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O0cer-Police Station- Bhatapara City, District : Balodabazar-Bhathapara, Chhattisgarh ... Non-applicant For Applicant : Mr. Vivekanand Sammadar, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. This is the First bail application 9led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 449/2025 registered at Police Station – Bhatapara City, District-Balodabazar-Bhatapara (C.G.), for the o?ence punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 08.08.2025, the deceased committed suicide by hanging herself with a scarf from the ceiling fan in the house of the applicant, who is her husband. A suicide note was also found in the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.12 18:23:44 +0530 2 room, wherein it was mentioned that the applicant had been in a love relationship with one Saroj Dubey for the last six years and had also kept another woman, namely Neha Tiwari, as his wife. Due to this, the applicant used to quarrel with, abuse, and harass the deceased. Fed up with such harassment, the deceased committed suicide by hanging herself. On the basis of the merg inquiry, an FIR was lodged against the applicant and other accused persons. Hence, this bail application. 3. Learned counsel for the applicants submits that the present applicant has been falsely implicated in this case. He submits that merely on the basis of suspicion and with the intention to falsely implicate him, the applicant has been made an accused. The applicant is employed in a private job at Raipur and travels there by train every day to earn money for the maintenance of his family. At the time of the incident, he was at Raipur, from where he received information about the incident through his family members. He also submits that the deceased was the wife of the applicant, and she had returned to the applicant’s house from her maternal home a day prior to the incident. The applicant had a cordial relationship with his wife and duly discharged all family responsibilities. The applicant himself is deeply saddened by this unfortunate incident and had been treating his wife/deceased well even after her return from her maternal home. As on every other day, he had gone to Raipur for his work. He further submits that the present applicant has no criminal antecedents and he is in jail since 12.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case before the competent 3 Court. He submits that the deceased committed suicide by hanging herself with a scarf from the ceiling fan in the applicant’s house, who is her husband. A suicide note was recovered from the room stating that the applicant had been in a relationship with one Saroj Dubey for the past six years and was also living with another woman, Neha Tiwari, as his wife. It further mentioned that the applicant frequently quarreled with, abused, and harassed the deceased. Frustrated by such harassment, she took her own life. Hence, the applicant is not entitled to regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for both parties, and the allegation that the applicant, who is the husband of the deceased, had been in a relationship with one Saroj Dubey for the past six years and was also living with another woman, Neha Tiwari, as his wife, it is noted that tthough a suicide note has been recovered, it has not yet been ascertained whether the same was written by the deceased, as no handwriting expert’s report is available till date. Also considering the fact that the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been in jail since 12.08.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Shishir Dubey @ Deepak Dubey, involved in Crime No. 449/2025 registered at Police Station – Bhatapara City, District- Balodabazar-Bhatapara (C.G.), for the o?ence punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 4 conditions:- (i) The applicant shall 9le an undertaking to the e?ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su0cient 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 9xed 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 9xed 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 su0cient 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. O0ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek