1 / 3 2025:CGHC:53394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8064 of 2025 • Bal Surat Yadav S/o Kameshwar Yadav Aged About 22 Years R/o Amdari P.S. Rajpur, District- Balrampur - Ramanujganj (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Rajpur, District- Balrampur - Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Vikas Pandey, Advocate For Respondent-State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 31/10/2025 1. Applicant has filed this third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 209/2023 registered at Police Station – Rajpur, District Balrampur Ramanujganj (C.G.) for offence punishable under Section 304B, 302 of IPC. 2. Case of prosecution in brief is that on 17.09.2023 complainant Prakash Yadav lodged a written report in the concerned police station stating that applicant used to torture his niece Preeti Yadav on account of dowry due to which she died on 16.09.2023. On the basis of above report crime was registered and applicant was arrested on 21.09.2023. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 3. Learned counsel for applicant submits that applicant has filed this application on the ground of delay. Applicant is in jail since 21.09.2023 and thereby he has completed more than 3 years of pre-trial detention. Till date only 7 witnesses out of 19 have been examined. Trial may take some time. He submits that though there is allegation of assault and further that applicant administered poison, according to the material available in the charge-sheet, however, it is consumed by the deceased herself. He contended that injuries suffered by deceased on his person is due to quarrel between the two and in heat of passion. There is no opinion of doctor that death is a result of injuries. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that from the material available in the case diary as also the documents enclosed along with bail application, it is appearing that the deceased died due to administration of poison and assault by applicant. 5. I have heard learned counsel for the parties. 6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, period of detention, also considering the post-mortem report as also that charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may 3 / 3 proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE