1 2025:CGHC:50104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7911 of 2025 Bhagwat Yadav S/o Shri Baiju Yadav Aged About 30 Years R/o Village Khamhardih, Police Station Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer of The Police Station Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.10.2025 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. 321/2025 registered at Police Station – Sarangarh, District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Section 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the marriage between the applicant and the deceased, namely Amulbai Yadav, was solemnized ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.13 18:20:28 +0530 2 on 17.02.2021. Out of their wedlock, they had one daughter, Tisha Yadav, aged about 3 years. It is alleged that after five months of marriage, the applicant and his family members started subjecting the deceased to cruelty on account of insufficient dowry. On 15.03.2025, at around 10:00 PM, the applicant allegedly made a phone call to the father of the deceased and informed him that she had committed suicide by consuming a poisonous substance. The deceased was admitted to a local hospital, where, during the course of treatment, she succumbed to death on 20.03.2025. On the basis of the merg intimation, an inquiry was conducted, pursuant to which offences under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, were registered against the applicant (husband), father-in-law (Baiju Yadav), mother-in-law (Munni Bai Yadav), and sister-in-law (Shanta Yadav). The applicant was arrested on 07.07.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits the marriage between the applicant and the deceased, namely Amulbai Yadav, was solemnized on 17.02.2021. Out of their wedlock, one daughter, Tisha Yadav, aged about 3 years, was born. It is alleged that after five months of marriage, the applicant and his family members subjected the deceased to cruelty, which clearly indicates false implication of the applicant. He also submits that the prosecution story appears to be unnatural and is based merely on weak circumstantial evidence. Therefore, the applicant deserves to be enlarged on bail. He further submits that the the allegation against the applicant is that he used to harass the deceased soon after the marriage on account of insufficient dowry. However, the deceased committed suicide after about four 3 years of marriage by consuming poison, and there is no report or complaint lodged against the applicant at any time prior to her death, which clearly demonstrates false implication. He also submits that the co-accused persons, namely father-in-law (Baiju Yadav), mother-in- law (Munni Bai Yadav), and sister-in-law (Shanta Yadav), have already been enlarged on bail by the learned trial Court. He submits that the present applicant has no criminal antecedents and he is in jail since 07.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the 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 court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the fact that no suicide note was left behind by the deceased, there are no injuries found on the body of the deceased, and the death of the deceased was due to poisoning. Moreover, considering that the present applicant has no criminal antecedents and the charge-sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 07.07.2025, 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 – Bhagwat Yadav, involved in Crime No. 321/2025 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh 4 (C.G.), for the offence punishable under Section 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 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 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 the trial court absence of the applicant is deliberate 5 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 Abhishek