1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 90 of 2026 • Makhanlal Jaiswal S/o Shri Bharatlal Jaiswal, Aged About 38 Years R/o- Vill.- Asnind, P.S. And Tah. Kasdol, District Balodabazar Bhatapara C.G. ... Applicant versus • State of Chhattisgarh Through S.H.O. P.S. Kasdol, District Balodabazar Bhatapara C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Kumar Sharma, Advocate For Respondent/State : Mr. Priyank Ratkhi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 624/2025, registered at Police Station – Kasdol, District – Balodazar- Bhatapara (C.G.) for the offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complainant present applicant/husband of the deceased lodged the Morgue Intimation on 08.08.2025 stating that his wife has committed suicide by hanging, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.08 17:29:43 +0530 2 he further informed the police stating that on 07.08.2025 he called his wife for dinner but, she denied thereafter, he along with his sister and other family took dinner and went for sleep in their rooms, the present application went into the children's room and, his wife was sleeping in another room, that at about 12:30 A.M. he woke up to attend the natural call at that time he saw that the door of the room of his wife was open and his wife as sleeping outside the room, he further informed the police that at about 06:30 A.M. his mother saw that the room of the wife of the applicant is locked from inside and when she saw through the window, the deceased had committed suicide by hanging, that the wife of the applicant was in relation with the man in the neighbor, and due to it there was dispute between the applicant and the deceased and, in the social meeting compromise has taken place, that earlier she has made attempt to commit suicide, the applicant further informed that he has neither used any filthy language against her nor made any assault with her and also not committed any kind of cruelty with her. That on the complaint of the complainant/present applicant Police Station Kasdol, Dist- Balodabazar- Bhatapara (C.G.) registered the Morgue intimation No. 63/2025 and during the investigation after more than two months registered the Crime No. 624/2025 for the alleged offences punishable U/s 108 and 3(5) of BNS (306 and 34 of I.P.C.) against the complainant/applicant and his other family members, that the P.S. Kasdol arrested the applicant on 10.10.2025 and after investigation the P.S. Kasdol, Dist- Balodabazar- Bhatapara (C.G.) has filed the charge sheet before the Judicial Magistrate First Class Kasdol, Dist- Balodabazar- Bhatapara (C.G.) on 06.12.2025 for the alleged offence punishable U/s 108 and 3(5) of BNS (306 and 34 of I.P.C.). the P.S. Kasdol, Dist- Balodabazar- Bhatapara (C.G.) has 3 arrested the applicant despite the fact that the applicant is innocent and he has not committed any offence as alleged against him, that the applicant has not abetted his wife to commit suicide, that the marriage was solemnized 12 years ago, and out of their wedlock two children was born, in between there was no complaint regarding the physical or mental cruelty and the deceased was in extra marital relationship with the man in the neighborhood therefore, a social meeting was called wherein the compromise was taken place, between the applicant/complainant and his wife Savita Jaiswal/deceased, that she was under guilt and earlier also she attempted suicide by poising herself and the present applicant has lodged the complaint in this regard, that there is no allegation regarding the abetment to commit suicide against the present applicant and other family members, that the anticipatory bail application of the other two co-accused have already been allowed by this Hon'ble Court vide order dated 18.11.2025 in M.C.R.C.A. No. 1820/2025 and the other co-accused Bharat Lal and Yashwant Jaiswal has been released by the learned Trial Court vide order dated 09.12.2025 in Bail Application No. 833/2025, that the charge sheet has been filed therefore there is no need of custodial interrogation and there is no chance of tempering with the prosecution witnesses. Copy of NCR issued by P.S. Kasdol dated 09.05.2025, Copy of order dated 18.11.2025 passed by this Hon'ble Court in M.C.R.C.A. No. 1820/2025 and Copy of web copy of order dated 09.12.2025 passed by learned First Additional Session Judge, Balodabazar, Dist.- Balodabazar- Bhatapara (C.G.). 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and 4 there is no criminal antecedents registered against the present applicant. He also submits that applicant and deceased are husband wife and their marriage was solemnized 12 years ago, and out of their wedlock two children was born, in between there was no complaint regarding the physical or mental cruelty and the deceased was in extra marital relationship with the man in the neighborhood therefore, a social meeting was called wherein the compromise was taken place, between the applicant/complainant and his wife Savita Jaiswal/deceased, that she was under guilt and earlier also she attempted suicide by poising herself and the present applicant has lodged the complaint in this regard, that there is no allegation regarding the abetment to commit suicide against the present applicant and other family members, that the anticipatory bail application of the other two co-accused have already been allowed by this Hon'ble Court vide order dated 18.11.2025 in M.C.R.C.A. No. 1820/2025 and the other co-accused Bharat Lal and Yashwant Jaiswal has been released by the learned Trial Court vide order dated 09.12.2025. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 10.10.2025 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 there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 5 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the deceased was in extra marital relationship with the man in the neighborhood therefore, a social meeting was called wherein the compromise was taken place, between the applicant/complainant and his wife Savita Jaiswal/deceased, that she was under guilt and earlier also she attempted suicide by poising herself and the present applicant has lodged the complaint in this regard, that there is no allegation regarding the abetment to commit suicide against the present applicant, further there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 10.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Makhanlal Jaiswal, involved in Crime No.624/2025, registered at Police Station – Kasdol, District – Balodazar-Bhatapara (C.G.) for the offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 6 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 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 vaishali