1 2025:CGHC:54569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8930 of 2025 1 - Fuleshwar Bhagat S/o Patelram Bhagat Aged About 44 Years Occupation- Agriculturist, R/o Village- Jharan, Police Station- Lailunga, Tahsil- Lailunga And District- Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- S.H.O. Of Police Station- Lailunga Tahsil And District- Raigarh (C.G.) ... Respondent(s) For Applicant : Mr. Abhishek Saraf, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 10/11/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 28.08.2025 in connection with Crime No. 139/2025, registered at Police Station- Lailunga, District- Raigarh 2 (C.G.) for the offence punishable under Section 103(1), 238 of BNS, 2023. 2. The prosecution story, in brief, is that marriage between the deceased/ Lalita bhagat and the applicant solemnized in the year 1989-99 based on ghar jamai rituals accordingly applicant was living along with her wife and 4 children at in-laws house. On 26.02.2025 on the basis of suspicion that applicant having affair with the neighbor’s women deceased with anger snatched the cloth of applicant by asking as where you went, during such quarrel took place at the juncture, applicant assaulted deceased through hand and fist and thrown her on the floor which caused fracture on the backside of head, applicant allegedly with intent to disappearance of the evidence hanged her with turban and called her brother and stated the story that she committed suicide by hanging eventually she was declared dead in the hospital. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence, because the prosecution story itself reveals the fact that, the allegations leveled against him is false and frivolous. There is no eye witness in the case and the entire prosecution case is based on weak type of circumstantial evidence, i.e. memorandum only, if we accept the same as it is then also there is no mention of causing any injury to her caused by the applicant. 3 4. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the applicant has no criminal antecedents, also, it appears that during sudden quarrel applicant assaulted deceased through hand and fist and thrown her on the floor, 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- Fuleshwar Bhagat, involved in Crime No. 139/2025 registered at Police Station- Lailunga, District- Raigarh (C.G.), for the offence punishable under Section 103(1), 238 of BNS, 2023 be released on bail on his furnishing a bail bond of Rs. 10,000/- with one surety 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 4 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. However, this Court hopes and trusts that the if the charge sheet is submitted against the applicants, the Trial Court shall make an earnest endeavour to conclude the trial as soon as possible in accordance with law, if there is no legal impediment. 5 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima