1 2025:CGHC:51757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8330 of 2025 Deepak Chouhan S/o Krishna Chouhan Aged About 21 Years R/o Bajinpali, Ward No. 32, P.S. Jutmil, Tah. And District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Thana In-Charge, P.S. Jutmil, District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/10/2025 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. 252/2025 registered at Police Station Jutmil, District Raigarh (C.G.) for the offence punishable under Section 108 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the applicant had a love affair with the deceased, Bindu Kashyap, and is accused of harassing her. As a result of the alleged harassment, she reportedly consumed poison on 23.01.2025 and died during treatment on 27.01.2025. The complainant lodged an FIR against the applicant at the police station. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the incident occurred on 27.01.2025, and the FIR was lodged after an undue delay of six months, on 17.07.2025. Such a delay is unexplained and raises serious doubts about the veracity and authenticity of the complaint. He also submits that even after the deceased’s marriage to another person, she continued to maintain a relationship with the applicant. The applicant is in jail since 18.07.2025, the applicant has no criminal antecedent, except one Istagasha, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly had a love affair with the deceased, Bindu Kashyap, and is accused of harassing her, due to which, she reportedly consumed poison on 23.01.2025 and died during treatment on 27.01.2025 and it is stated by father of the deceased that the applicant instigated the deceased to consume poison. Therefore, the applicant is not 3 entitled for grant of 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 offence, period of detention of the applicant since 18.07.2025, the fact that though the applicant allegedly had a love affair with the deceased, Bindu Kashyap, and is accused of harassing her, due to which, she reportedly consumed poison on 23.01.2025 and died during treatment on 27.01.2025, but considering the fact that the incident occurred on 27.01.2025, and the FIR was lodged after an undue delay of six months, on 17.07.2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Deepak Chouhan, involved in Crime No. 252/2025 registered at Police Station Jutmil, District Raigarh (C.G.) for the offence punishable under Section 108 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 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil