1 2025:CGHC:4716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 726 of 2025 Shrutik Kaushik @ Pappu S/o Late Bisahu Ram Kaushik Aged About 42 Years R/o Paad Gudipara, Police Station-Sakri, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Sakri, District-Bilaspur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Deepak Gupta, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2025 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. 870/2024 registered at Police Station Sakri, District-Bilaspur (C.G.) for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the marriage of applicant with the deceased was solemnized in the year 2010, and after marriage the applicant used to assault the deceased after being intoxicated, and on 20.10.2024, the applicant again assaulted her, due to which, she poured kerosene oil upon her and set on fire, subsequently she died on 21.10.2024. Thereafter, the offence has been registered against the applicant. 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 marriage of applicant with the deceased was solemnized in 2010, since then they were living together without any complaint or duress, from their wedlock, son Jay Kumar born, who is aged about 12 years. He also submits that the applicant has never instigated abetted the deceased for committing suicide, even the family members of deceased were attended her funeral ceremony (Dashgatra) and they have never made any allegation against the applicant for assaulting deceased. The applicant is in jail since 08.11.2024, the applicant has no criminal antecedent, 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. She further submits that the applicant used to assault the deceased, who was his wife, after being intoxicated, due to which, she poured kerosene oil upon her and set on fire 3 subsequently she died on 21.10.2024, thereafter, the applicant is not 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 08.11.2024, the fact that though the applicant used to assault the deceased, who was his wife, after being intoxicated, due to which, she poured kerosene oil upon her and set on fire, subsequently she died on 21.10.2024, but there was no suicidal note left behind by the deceased and the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Shrutik Kaushik @ Pappu, involved in Crime No. 870/2024 registered at Police Station Sakri, District-Bilaspur (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 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient 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 sufÏcient 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. OfÏce 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