Order on Board

18.02.2025

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 No. 616/2024 registered at Police Station – City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 108 and Digitally signed by ABHISHEK ABHISHEK SHRIVAS SHRIVAS Date: 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2025.02.19

11:47:02 +0530

2. According to the prosecution's story, the deceased, Saila Chandrakar, was married to the present applicant. Since

25.08.2024, Saila had been living in her parental home. On 01.09.2024, she went to the Rapta bridge and jumped into the river. After a search, her body was found on 03.09.2024. Following this, an FIR was registered against the applicant and co-accused after Saila's mother informed the authorities. It is also alleged that the applicant and co-accused tortured Saila, citing that she did not cook well. The applicant was arrested on 22.12.2024, during the investigation. Upon completion of the investigation, a charge-sheet was filed before the learned CJM Bilaspur.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that there is no suicide note was left behind by the deceased to suggest that the present applicant was involved in the alleged crime. He further submits that the other co-accused person, namely, Sanjay Wadhwani and Mohan Das Wadhwani have already been granted regular bail by this Court vide order dated 05.02.2025 in MCRC No. 149 of 2025 and the applicant is in jail since 22.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant on the ground of parity.

4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case before the competent Court.

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

6. Considering the facts and circumstances of the case, the submissions of the learned counsel for both parties, and the fact that there is no suicide note was left behind by the deceased to suggest that the present applicant was involved in the alleged crime. Further, the other co-accused, namely, Sanjay Wadhwani and Mohan Das Wadhwani have already been granted regular bail by this Court vide order dated 05.02.2025 in MCRC No. 149 of 2025, therefore, this Court is of the view that the applicant is also entitled to be released on bail in this case on the ground of parity.

7. Let the applicant – Sunil Kumar Wadhwani, involved in Crime No.

616/2024 registered at Police Station – City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 sufÏcient 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,