1 CGHC010193762026 2026:CGHC:30239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4552 of 2026 1 - Kamlu Ram Benjam S/o Goburam Aged About 35 Years R/o Barchepal Para Garda, P.S. Lohandiguda, Distt. Bastar (C.G.) 2 - Shyamu Mandavi S/o Betale Mandavi Aged About 41 Years R/o Lidhi Para Garda, P.S. Lohandiguda, Distt. Bastar (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Lohandiguda, District Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board RUCHI YADAV Digitally signed by RUCHI YADAV 2 16/07/2026 1. The present is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No.34/2025 registered at Police Station- Lohandiguda, District- Bastar, (C.G.), for the offence punishable under Section 108 of BNS, 2023. 2. Earlier first bail application of the applicants was dismissed as withdrawn by this Court vide order dated 05.05.2026 passed in MCRC No. 4171 of 2026. 3. The prosecution case, in brief, is that on the basis of Marg Intimation No. 19/2025, it was reported that on 02.05.2025, the deceased, Karuna Kashyap, sustained burn injuries and was initially taken to Dimrapal Hospital. While being shifted to DKS Hospital, Raipur, she succumbed to her injuries near Keshkal on the intervening night of 02/03.05.2025. During the course of inquiry, it is alleged that prior to her death, the deceased made an oral dying declaration before the witnesses, Sukumar Podiyami and Suko Mandavi, stating that she had set herself ablaze after pouring petrol upon herself due to continuous harassment by the present applicants. It is further alleged that the applicants had subjected the deceased and her family to persistent harassment by falsely implicating her relatives in a criminal case, causing the removal of her father from the post of Kotwar and her stepmother from the post of Anganwadi Worker, and initiating revenue 3 proceedings resulting in eviction notices against the family. On the basis of the material collected during the Marg inquiry, FIR No. 34/2025 was registered against the applicants for the alleged offences. After completion of the investigation, the applicants were arrested and the charge-sheet was filed before the competent Court. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that there is no suicide note or any other direct evidence connecting the applicants with the alleged offence. It is further submitted that the applicants have been in judicial custody since 16.03.2026, the charge-sheet has already been filed and the conclusion of the trial is likely to take considerable time. Therefore, the applicants pray for grant of regular bail. 5. Learned State counsel opposes the prayer for grant of bail and submits that, although the charge-sheet has been filed and no suicide note has been recovered during the course of investigation, the material collected by the prosecution prima facie establishes the involvement of the applicants in the commission of the alleged offence. Therefore, considering the gravity of the allegations and the material available on record, it is prayed that the bail applications be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Considering the facts and circumstances of the case, particularly the fact that no suicide note has been recovered during the course of investigation, the charge-sheet has already been filed, the applicants have remained in judicial custody since 16.03.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that further custodial detention of the applicants is not warranted. It is also noticed that the earlier bail application filed by the applicants was dismissed as withdrawn by this Court. However, since the filing of the charge-sheet constitutes a subsequent change in circumstances, this Court is inclined to entertain the present repeat bail application. Accordingly, without expressing any opinion on the merits of the case, the present bail application is allowed. 8. Let the applicants, namely Kamlu Ram Benjam and Shyamu Mandavi, involved in Crime No. 34/2025 registered at Police Station- Lohandiguda, District- Bastar, (C.G.), for the offence punishable under Section 108 of BNS, 2023, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 5 of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 6 default as abuse of liberty of bail and proceed against them in accordance with law. 9. 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 legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi