1 2025:CGHC:7542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1228 of 2025 Ajay Kumar Sahu S/o Dheluram Sahu Aged About 24 Years R/o Naya Colony Kandarka, Police Chowki Kandarka, Tahsil Bhinbhori, Police Station Berla, District Bemetara (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through Police Chowki Kandarka, Police Station Berla, District Bemetara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rajkumar Pali, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.376/2024, registered at Police Chowki Kandarka, Police Station Berla, District Bemetara (C.G.) for the offence punishable under Section 108 of the BNS. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 11:14:08 +0530 2 2. Case of the prosecution, in brief, is that on 13-04-2024 marriage of the deceased was solemnized with the applicant and on account of harassment of the applicant she committed suicide by consuming poison within six month from the marriage, therefore the offence u/s. 108 of BNS. has registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in the aforesaid case. The deceased was not happy with the marriage with applicant and due to this, she used to remain under mental stress and committed suicide and the applicant had never threatened the deceased in any manner. Further, the health condition of the deceased was recovered, but she died unfortunately due to health illness and thus the report was lodged after delay of 16 days. There is no allegation made in the dying declaration relating to the throttling or harassment to the deceased by the applicant. As per the dying declaration itself, the deceased presumed that the applicant used to talk with some other girl and hence committed suicide, which does not fall under section 45 of BNS. There is no prima facie evidence to involve the applicant in the present crime. Lastly, the applicant is in jail since 02.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 3 5. From perusal of the records, it transpires that cause of death of deceased was multiple organ failure due to consuming poison and further in her dying declaration also, she has mentioned that she presumed that applicant used to talk to some other girl and there is nothing in her dying declaration to involve the applicant in the crime in question and further, the applicant is languishing in jail since 02.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence the bail application of the applicant stands allowed. 6. Let applicant, Ajay Kumar Sahu, involved in Crime No.376/2024, registered at Police Chowki Kandarka, Police Station Berla, District Bemetara (C.G.) for the offence punishable under Section 108 of the 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 them under Section 269 of Bharatiya Nyaya 4 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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. 7. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan