1 2025:CGHC:30673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4006 of 2025 Smt. Shyama Singh W/o Kanhaiya Singh Aged About 40 Years R/o Magaludipa, Raigarh, Tahsil And Distt. - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through S.H.O. City Kotwali, District - Raigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Amit Sharma, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 155/2025, registered at Police Station : City Kotwali, District - Raigarh (C.G.) for the offence punishable under Section 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the brother-in-law of the present applicant had solemnized a love marriage with the deceased Rakhi Singh about a year ago in a temple. Since it was a RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 love marriage, there was no demand for dowry from either side, and all marriage-related expenses were borne by the in-laws, i.e., the applicant’s family. After the marriage, the relationship between the applicant and the deceased remained cordial. However, due to health-related issues, the deceased was often under mental stress. Despite this, the brother-in-law regularly provided her with medical treatment. Unfortunately, the deceased ultimately died by suicide through hanging. During the merg inquiry, the parents of the deceased alleged that she was subjected to cruelty and harassment by the applicant and his family members, which led her to take the extreme step. Based on these allegations, the police registered an offence against the present applicant under Section 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), along with other family members. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that on the date of the deceased’s death, no allegation was made against the applicant during the preparation of the Naksha Panchayatnama. It was only after more than 15 days of the incident that a false and fabricated story was allegedly developed by the family members of the deceased, resulting in a delayed FIR against the applicant without any plausible explanation for the delay. He further submits that other co-accused person namely, Preeti Singh has been granted bail by this Court in MCRC No. 3215/2025 vide order dated 28.04.2025. He also submits that the present applicant is in jail since 3 14.04.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the parents of the deceased alleged that she was subjected to cruelty and harassment by the applicant and his family members, which ultimately led her to commit suicide by hanging herself. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is observed that although the parents of the deceased have alleged that she was subjected to cruelty and harassment by the applicant and her family members, which allegedly led the deceased to commit suicide by hanging, and the cause of death has been stated as hanging with injuries being antemortem in nature, there is no suicide note found in the matter and other co-accused person namely, Preeti Singh has been granted bail by this Court in MCRC No. 3215/2025 vide order dated 28.04.2025 and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 14.04.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 4 7. 4 7. Let applicant, Smt. Shyama Singh, involved in Crime No. 155/2025, registered at Police Station : City Kotwali, District - Raigarh (C.G.) for the offence punishable under Section 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 her in accordance with law. 8. Office 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 Rahul Dewangan