1 2025:CGHC:53506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8712 of 2025 Ramkumar Sahu S/o Late Tukaram Aged About 41 Years R/o Kandel, Police Station- Arjuni, Tahsil And District- Dhamtari, C.G. ... Applicant versus State Of Chhattisgarh Through Police Station- Arjuni, Tahsil And District- Dhamtari, C.G. ... Respondent For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Respondent : Mr. Satish Gupta, Government Advocate Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 03.11.2025 1. Applicant has filed this second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS”) for grant of regular bail as he has been arrested in connection with Crime No. 262 of 2023 registered at Police Station – Arjuni, Tahsil & District- Dhamtari (CG) for offence punishable under Sections 306 of Indian Penal Code. First bail application of the present applicant was dismissed on merits by this Court vide order dated 06.02.2024 by this Court in MCRC No. 372 of 2024. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.03 17:53:56 +0530 2 2. Case of the prosecution, in brief, is that applicant performed Choodi marriage with deceased Maheshwari in the year 2018 after customary divorce with his first wife. After marriage, they were blessed with a child. Applicant used to suspect upon the character of deceased, quarrel with her and also used to assault her due to which deceased went to her parents house twice. There was community meeting also and thereafter deceased lodged a report to the Sangli counseling centre where in presence of the community members both the parties have settled their dispute and applicant again took the deceased with him in his own house. After some time, he again started assaulting her on account of suspect upon her character. Maheshwari set herself ablaze on 19.12.2022 and during treatment in the hospital she died on 22.12.2023. FIR was lodged on 31.07.2023 and applicant was arrested on 02.08.2023. 3. Learned counsel for applicant would submit that applicant is innocent and he has been falsely implicated in the present case. He further submits that first bail application of applicant was dismissed on merits and present bail application has been filed on the ground of delay of trial. Applicant is in jail since 02.08.2023 i.e. he has completed more than two years and three months pre-trial detention. He also submits that there are as many as 36 witnesses in present case and till 02.09.2025 only 11 have been examined. He also pointed out that material witnesses have already been examined and there is no apprehension of influencing of material witnesses. Trail may take a considerable time to conclude, hence, applicant be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for applicant and would submit that first bail application of applicant was dismissed on merits, hence there is no case of applicant for grant of bail and he may not be enlarged on bail. 5.I have heard learned counsel for the parties and also perused the documents placed along with this bail application. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties, period of pre-trial detention, and further considering the fact that trial may 3 take some considerable time as out of 36 witnesses only 11 have been examined till 02.09.2025, without commenting anything on merits of case, I am inclined to allow the application. 7.Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 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. 4 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. sd/-- (Parth Prateem Sahu) alfiza JUDGE