1 2025:CGHC:59730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10095 of 2025 1 - Abdul Rahim S/o Late Mod. Kashim Aged About 38 Years R/o Village Kalyanpur, Police Station Surajpur, Tehsil Ramanujganj, District Surajpur, Chhattisgarh 2 - Smt. Nazim Tara W/o Abdul Rahim Aged About 28 Years R/o Village Kalyanpur, Police Station Surajpur, Tehsil Ramanujganj, District Surajpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District – Surajpur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Aakash Singh, Advocates. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 571/2025, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 108 and 3(5) of BNS. 2. The case of the prosecution, is that the deceased Jamila Bibi wife of Late Mod. Kasim is mother of applicant No.1 and mother-in-law of the applicant No.2, on 28.04.2025, she committed suicide by hanging, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 merg was registered on investigation the Police come to conclusion that there was dispute between the deceased and applicants, on account of the aforesaid dispute the deceased committed suicide. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It has been further submitted that the deceased happens to be the mother of applicant No.1 and mother-in-law of the applicant No.2, and after the incident the applicant No.1 has soon informed the Police concerned on 28.04.2025, and thereafter, the merg information was also registered and after a huge delay of 6 months from the date of incident, the brother of the deceased lodged the FIR, and the cause of death is asphyxia as a result of antimortem hanging. It is further submitted that the charge-sheet has been filed in the present case. The applicants are in jail since 17.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that on account of the dispute between the deceased and the applicants, the deceased committed suicide by hanging herself, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the deceased happens to be the mother of applicant No.1 and 3 mother-in-law of the applicant No.2, and after the incident the applicant No.1 has soon informed the Police concerned on 28.04.2025, and thereafter, the merg information was also registered and after a huge delay of 6 months from the date of incident, the brother of the deceased lodged the FIR, and the cause of death is asphyxia as a result of antimortem hanging, the charge-sheet has been filed in the present case and the applicants are in jail since 17.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Abdul Rahim and Smt. Nazim Tara, involved in Crime No. 571/2025, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 108 and 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. (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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar