1 2025:CGHC:54630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8959 of 2025 • Rupesh Sahu S/o Shri Chandrashekhar Sahu Aged About 25 Years Resident Of Village Chipridih P.S. Gobra Nawapara, District- Raipur Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station Gobra Nawapara, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amit Sharma, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 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.221/2025 registered at Police Station- Gobra Nawapara, District- Raipur (C.G.) under Sections 80, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police station with intend that the applicant were harassed and mentally tortured to the deceased in the name of less than dowry, due to mentally harassment, deceased was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.12 11:05:47 +0530 2 committed suicide herself by hanging. Based upon such report concerned police station has registered the offence against the applicant and other family members. 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, 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. He also submits that other co-accused persons have already been granted bail by this Court in MCRC No.7821 of 2025 vide order dated 06.10.2025. The applicant is in jail since 21.06.2025 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 harassment by the present applicant. He also submits that applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 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 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 21.06.2025, further co-accused persons have already been granted bail by this Court in MCRC No.7821 of 2025 vide order dated 06.10.2025 and 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 – Rupesh Sahu, involved in Crime No.221/2025 registered at Police Station-Gobra Nawapara, District- Raipur (C.G.) under Sections 80, 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. 4 (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. 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