1 2025:CGHC:49871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6672 of 2025 • Tarun Das Manikpuri S/o Suresh Das Manikpuri Aged About 25 Years R/o Village Banbagaud, P.S. Keregaon, District Dhamtari Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Koregaon, District Dhamtari Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.8/2025 registered at Police Station- Keregaon, District- Dhamtari (C.G.) for offence under Sections 108, 3(5) of BNS. 2. Case of the prosecution, in brief, is that deceased Kshamta manikpuri who was the wife of the applicant committed suicide by hanging on 18.03.2025 at her matrimonial house. During investigation it was found that the applicant and his parents used to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.08 17:16:36 +0530 2 harass the deceased physically and mentally due to which she committed suicide after which the FIR was lodged. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and applicant has no role to play in commission of the alleged offence. He further submits that applicant is a husband of the deceased namely Kshamta Manikpuri, who committed suicide by hanging herself from fan. He also submits that the cause of death was asphyxia as a result of antemortem hanging and no other antemortem injuries were found on the person of the deceased except antemortem hanging and there is no eye witness account in the present case, no dying declaration was recorded and no suicidal note was left behind by the victim. The applicant is in jail since 24.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that on the basis of the doctor's opinion, the cause of death was hanging and the statements of the family and other witnesses, the deceased was found to have committed suicide by hanging herself due to the constant beating and harassment by the present applicant, therefore, applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 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 cause of death was asphyxia as a result of antemortem 3 hanging and no other antemortem injuries were found on the person of the deceased except antemortem hanging and there is no eye witness account in the present case, no dying declaration was recorded and no suicidal note was left behind by the victim. he is in jail since 24.06.2025, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Tarun Das Manikpuri, involved in Crime No.8/2025 registered at Police Station- Keregaon, District- Dhamtari (C.G.) for offence under Sections 108, 3(5) of 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 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 4 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 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 for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali