1 CGHC010228142026 2026:CGHC:29134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5622 of 2026 1 - Dharmendra Nirmalkar S/o Vijay Nirmalkar Aged About 30 Years R/o Village Word No. 06 Rahoud, P.S. Shivrinarayan, Distt. Janjgir Champa, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, Distt. Janjgir Champa, Chhattisgarh. ... Respondent(s) For Applicant(s) : None. For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime RUCHI YADAV Digitally signed by RUCHI YADAV 2 No. 92/2026 registered at Police Station- Shivrinarayan, District- Janjgir Champa (C.G.) for the offence punishable under Sections 80(2) and 3(5) of BNS. 2. As per the prosecution story, in brief, on the basis of a marg intimation lodged by the applicant, Police Station Shivrinarayan, District Janjgir-Champa (C.G.), received information on 11.02.2026 regarding the unnatural death of the applicant's wife, Anjali Nirmalkar. It was alleged that on 10.02.2026 at about 11:30 p.m., she had committed suicide by hanging herself with a saree in the bathroom of her house. During the course of inquiry and investigation, the police registered the present case against the applicant and the co-accused for the offences punishable under Sections 80(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. None appears for the applicant. However, considering the period of incarceration and the material available on record, this Court proceeds to consider the application on merits. 4. Learned State counsel opposes the prayer for grant of bail and submits that, considering the serious nature of the allegations, the material collected during the course of investigation, and the specific role attributed to the applicant, no case for grant of bail is made out. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned State counsel and perused the case diary. 6. On perusal of the case diary, it appears that no suicide note has 3 been recovered from the deceased. Having regard to the manner in which the deceased is alleged to have committed suicide by hanging, the fact that the applicant has no criminal antecedents, has been in judicial custody since 10.03.2026 and the conclusion of the trial is likely to take considerable time, this Court is of the considered opinion that, without expressing any opinion on the merits of the case, the applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 7. Let the Applicant – Dharmendra Nirmalkar involved in Crime No.- 92/2026 registered at Police Station- Shivrinarayan, District- Janjgir Champa (C.G.) for the offence punishable under Sections 80(2) and 3(5) of BNS, 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 4 his absence, without sufficient cause, the trial court may proceed against his 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no 5 legal impediment. 9. The Registry is directed to forthwith communicate a certified copy of this order to the trial Court concerned as well as to the Superintendent of the concerned Jail for necessary information and compliance. A copy of this order shall also be made available to the learned counsel for the applicant. Sd/- (Ramesh Sinha) Chief Justice Ruchi