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2025 DAILYLAW 19315 (CHH)

PREETI SINGH v. STATE OF CHHATTISGARH

MCRC/3215/2025 · 2025-04-28

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Judgment text

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1 2025:CGHC:19087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3215 of 2025 Preeti Singh W/o Minesh Singh Aged About 24 Years R/o Magaludipa, Raigarh, Tahsil And Distt. - Raigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. City Kotwali, Dist - Raigarh Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amit Sharma, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.155/2025, registered at Police Station City Kotwali, Dist - Raigarh (C.G.) for the offence punishable under Sections 108, 3(5) of the BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that Prakash Singh (brother of the applicant) and deceased both had a love marriage. Prakash Singh used to harass and trouble his wife by beating her over small matters. The deceased mother-in-law Shyama Singh and her sister- in-law Preeti Singh used to taunt her by saying that she has come from a beggarly and hungry house. The deceased used to tell this to her parents when she went home and through phone. Even before the incident, Prakash Singh (husband of the deceased), Shyama Singh (mother-in-law of the deceased) and Preeti Singh (sister-in- law of the deceased) used to beat and quarrel with the deceased Rakhi Singh without any reason, due to which, being harassed and upset, she called her mother and father and told them about the incident. The deceased Rakhi Singh was harassed and distressed by the continuous beatings by the husband Prakash Singh, his mother Shyama Singh and his sister-in-law Preeti Singh and was instigated to commit suicide and on 05.04.2025. The police then registered case under Section 108, 3(5) of the BNS against the applicant and other family members, hence this bail application. 3. Learned counsel for the applicant would submit that the applicant happens to be the sister-in-law of the deceased and is innocent person and she has falsely been implicated in the case in question. Further, the deceased committed suicide by hanging herself from a fan when the applicant asked her sister-in-law (deceased) to help her in washing utensils. No crime of any kind is made out against the applicant and she has been forcibly sent to jail custody. Prima facie, no crime is made out against the applicant in the said case, 3 nor is her involvement in the said crime visible. It is not a crime to ask a sister-in-law to do family work and it is not justified to include her in the said crime merely by asking her to help in washing utensils. Also, the applicant is having two infant child namely vishwa singh and nitya singh aged about 2½ years and 4 years 10 month, who are also in jail with their mother as they are totally dependent on her, who is languishing in jail since 14.04.2025, thus though the charge-sheet has not been filed yet, the applicant may be granted benefit of bail as the conclusion of the trial is likely to take some time. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that on the basis of the doctor's opinion, the cause of death was hanging and the statements of the family and other witnesses, the deceased Rakhi Singh was found to have committed suicide by hanging herself due to the constant beating and harassment by the co-accused Prakash Singh. A crime was registered against the co-accused Prakash Singh, co-accused Shyama Singh and applicant Preeti Singh and investigation was taken up. At present, the investigation is incomplete, hence the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and 4 the fact that the present applicant happens to be the sister-in-law of the deceased, who is having two infant child namely vishwa singh and nitya singh aged about 2½ years and 4 years 10 month, who are also in jail with their mother as they are totally dependent on her and further as per doctor's opinion, the deceased Rakhi Singh was found to have committed suicide by hanging herself due a sudden quarrel that occurred between the applicant and the deceased for washing of utensils, the applicant is in jail since 14.04.2025 with her children and conclusion of the trial is likely to take some time, as such, the Court is of the opinion that the applicant is entitled to be enlarged on bail. Hence, the bail application of the applicant is allowed. 7. Let applicant, Preeti Singh, involved in Crime No.155/2025, registered at Police Station City Kotwali, Dist - Raigarh (C.G.) for the offence punishable under Sections 108, 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 sufÏcient cause, the trial court may proceed against them under 5 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil