Krishna Kumar vs State Of Chhattisgarh

Ramesh Sinha, J

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.51/2025 registered at Police Station Udaipur District Surguja (C.G.) for the offence punishable under Section 108 of BNS.

Case of the prosecution, in brief, is that a Merg has been lodged that on 09.10.2024 the wife of the applicant died due to drowning in the Well situated in village locality, thereafter the merg was reported. On 04.04.2025 the father of the deceased lodged a written report that, applicant use to treat deceased with cruelty on suspicion of her illicit relation with another man due to which she was residing at her parental house but after some time she went back to reside with applicant and was found drowned in the Well, father of the deceased suspected that deceased committed suicide due to the cruelty committed by applicant. Hence this offence.

Learned counsel for the applicant submitted that marriage of the applicant with the deceased was solemnized 12 years ago and from the wedlock two children were born. It is further submitted that the wife had some illicit relation with another person and she was living at her parents house and had returned to the applicant’s house but the applicant refused to keep her because of the extra marital affair, hence she committed suicide. He would submit that the FIR of the incident was lodged by father of the deceased after six months. He would further submit that the applicant is in jail since 05/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that cause of death of the deceased is due to drowning.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation levelled against the applicant in the FIR; also considering the fact that FIR was lodged by father of the deceased after six months of the incident; period of detention of the applicant since 05/04/2025; charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the Applicant-Krishna Kumar, involved in Crime No.51/2025 registered at Police Station Udaipur District Surguja (C.G.) for the offence punishable under Section 108 of 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 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.