1 CGHC010277702026 2026:CGHC:30952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6538 of 2026 Abhay Suryavanshi S/o Late Chhotun Suryavanshi Aged About 24 Years R/o Village- Chhuiyapara Darri Police Station Hardibazar District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer Police Of Police Station Hardibazar, District – Korba (C.G.) ---- Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 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. 20/2026, registered at Police Station – Hardibazar, District – Korba (C.G.) for the offence punishable under Sections 80(2) and 3(5) of the BNS. 2. The case of the prosecution, is that initially merg intimation was lodged with regard to the death of Smt. Nisha Suryavanshi as the marriage of Nisha was solemnized on 29-04-2023 along with applicant as per the caste custom prevailing between the parties. The merg intimation was lodged by applicant and in the merg intimation, it was stated that in the intervening night of 15/16-01-2026, the deceased committed suicide by hanging herself and on the basis of merg intimation, which was lodged RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 by the applicant, the police started the investigation and during the course of investigation, the statement of grandmother of deceased, aunt and uncle of deceased and statement of other witnesses recorded, in which it was alleged that the applicant along with other co- accused persons ill-treated the deceased in the name of demand of dowry and they used to prevent the deceased not to talk to her family members on account of which the deceased committed suicide. Hence, this application. 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 the charge- sheet has been filed in this case. It is further submitted that the applicant happens to be the husband of the deceased, though it is stated that the deceased has committed suicide, and the cause of death of asphyxia as a result of hanging, but there is no such dying declaration and no eye-witness on account. The applicant is in jail since 26.01.2026 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 the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused persons ill-treated the deceased in the name of demand of dowry and they used to prevent the deceased not to talk to her family members, on account of which she committed suicide by hanging herself, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 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 applicant happens to be the husband of the deceased, though it is stated that the deceased has committed suicide, and the cause of death of asphyxia as a result of hanging, but there is no such dying declaration and no eye-witness on account, the charge-sheet has been filed in this case, the applicant is in jail since 26.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Abhay Suryavanshi, involved in Crime No. 20/2026, registered at Police Station – Hardibazar, District – Korba (C.G.) for the offence punishable under Sections 80(2) and 3(5) 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 Rajshekhar