1 2025:CGHC:52843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7452 of 2025 Bhuneshwar Vishwakarma @ Golu Vishwakarma S/o Madhav Ram Aged About 25 Years R/o Village - Khamhariya, Police Station And Tahsil - Udaipur, Distt - Surguja Chhattisgarh At Present Mahamayapara, Police Station And Tahsil - Ambikapur, Distt - Surguja Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O., P.S. Ambikapur, Distt - Surguja Chhattisgarh ... Respondent For Applicant : Mr. Keshav Dewangan, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 1. This is the first bail application filed 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. 331/2025 registered at Police Station - Ambikapur District - Surguja (C.G.), for the offences punishable under Sections 90(2) of BNS 2023. 2. The prosecution story, as per information received on 17.05.2025 the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:30 +0530 2 concerned police registered the case against the present applicant under section 90(2) of B.N.S. 2023. That, as per the fact of the case, the applicant was love affair with the deceased due to which a physical relationship was done between them, in which she got pregnant of about 4-5 months, when the said fact came in the knowledge to the applicant, the applicant compelled her to take the medicine for termination of pregnancy and when she takes the said medicine, she suffered various illness in her body and admitted in government hospital and during treatment she died. That, after receiving the said information the concerned police investigated the matter and registered the case against the present applicant and on 19.05.2025 arrested the same and after completion of investigation filed the charge sheet before the concerned Magistrate under the aforesaid offence. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the applicant arrested merely on the basis of suspicion. As per the statement recorded by the concerned police, no offence under Section 90(2) of the Bharatiya Nyaya Sanhita, 2023, which pertains to “Death caused by act done with intent to cause miscarriage without the consent of the woman,” is made out against the applicant. The mother of the deceased stated that on the date of the incident, her younger daughter informed her that due to body pain, the deceased was admitted to the government hospital by the applicant and his friend, where she later died during treatment. She nowhere stated that the applicant administered any medicine to the deceased forcefully or without her consent for termination of pregnancy. The challan has been filed, and upon perusal of the same, no material is found to substantiate the alleged offence against 3 the applicant. When the deceased’s condition became critical, the applicant and his friend immediately shifted her to the hospital, and during treatment, the deceased did not make any allegation against him. The post-mortem report also mentions that the final cause of death is pending till the viscera and blood report is received, which clearly indicates uncertainty regarding the cause of death. The applicant, aged about 25 years, is a young man and a permanent resident of Village Khamhariya, Police Station and Tahsil Udaipur, District Surguja (C.G.). He has been in custody since 19.05.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that in the present case, the charge-sheet has already been filed before the competent Court. It is further submitted that the applicant, who was in a love relationship with the deceased, compelled her to take medicine for termination of pregnancy, which resulted in her death during treatment, therefore he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the fact that the deceased was in a love relationship with the applicant and became pregnant, and it is alleged that the applicant compelled her to take medicine for termination of pregnancy, which led to her death. However, there is no direct evidence to establish that the applicant administered the said medicine forcefully or without her consent. Further, considering that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 19.05.2025, and the conclusion of the trial is likely to take some time, 4 this Court is of the considered view that the applicant is entitled to be released on bail in the present case 7. Let the Applicant – Bhuneshwar Vishwakarma @ Golu Vishwakarma, involved in Crime No. 331/2025 registered at Police Station - Ambikapur District - Surguja (C.G.), for the offences punishable under Sections 90(2) of BNS 2023, be released on bail on his furnishing personal bond with two local 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 sufficient cause, the trial court may proceed against his 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 5 of the trial court absence of the applicant is deliberate or without sufficient 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. Office 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 vaibhav