1 2025:CGHC:13868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1097 of 2025 Dwarika Patel S/o Ajit Ram Patel Aged About 26 Years R/o Charpara Kohadiya Korba P.S. Kotwali Tehsil And District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through O.P. Cseb P.S. Civil Line Rampur Korba District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 35/2025, registered at Police Station : Civil Line Rampur Korba, District - Korba (C.G.) for the offence punishable under Section 108. 309(4) and 238(b) of the Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 16.01.2025, informer Sunil Kumar Porte reported at Chowki CSEB that Shani Kumar Porte had committed suicide at his residence. During the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 investigation, the police recovered a suicide note stating that the present applicant had forcefully taken his mobile and motorcycle and had assaulted him, which led him to commit suicide. Based on the suicide note, the police registered an FIR against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the deceased was having a relationship with the wife of the applicant. It is stated that the applicant caught the deceased red-handed while taking his wife on a motorcycle belonging to the brother of the deceased. When the applicant objected to the same and kept the motorcycle of the deceased’s brother, the deceased committed suicide. He further submits that the suicide note also mentions that the applicant had taken the deceased’s mobile and the motorcycle of his brother. Furthermore, several call details between the deceased and the applicant’s wife indicate that a relationship existed between them. When the deceased was caught, he committed suicide, and the cause of death was hanging, with the injuries being antemortem. He also submits that the present applicant is in jail since 17.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further 3 submits that the present applicant had forcefully taken deceased’s mobile and motorcycle and had assaulted him, which led him to commit suicide. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the deceased was having a relationship with the wife of the applicant, the applicant caught the deceased red-handed while taking his wife on a motorcycle belonging to the brother of the deceased and when the applicant objected to the same and kept the motorcycle of the deceased’s brother, the deceased committed suicide and further the fact that the suicide note also mentions that the applicant had taken the deceased’s mobile and the motorcycle of his brother, furthermore, several call details between the deceased and the applicant’s wife indicate that a relationship existed between them and when the deceased was caught, he committed suicide, and the cause of death was hanging, with the injuries being antemortem and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 17.01.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Dwarika Patel, involved in Crime No. 35/2025, registered at Police Station : Civil Line Rampur Korba, District - Korba (C.G.) for the offence punishable under Section 108. 309(4) 4 and 238(b) of the Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing 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 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 5 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 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