1 2025:CGHC:35859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5788 of 2025 1. Siyaram Kashyap S/o Late Bahadur Aged About 55 Years R/o Village- Sarai Singaar, Police Station - Kusmunda, District- Korba (C.G.) 2. Santoshi Kashyap W/o Siyaram Kashyap Aged About 50 Years R/o Village- Sarai Singaar, Police Station - Kusmunda, District- Korba (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station Kusmunda, District- Korba (C.G.) ... Non-Applicant For Applicants : Mr. Vivek Mishra, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.07 .202 5 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 178/2025, registered at Police Station – Kusmunda, District- Korba (C.G.) for the offence punishable under Sections 80, 3(5) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.25 12:05:53 +0530 2 2. The case of the prosecution, is that the merg intimation was lodged by co-accused Kishan Kashyap. Upon inquiry, the parents and relatives of the deceased, Nirmala, stated to the police that she was regularly tortured and harassed by her in-laws and husband before the incident. The marriage took place in 2023, and deceased lived happily in her matrimonial house for 2 to 3 months. After that, her husband and relatives started demanding dowry and mentally and physically harassing her. Just before the incident, on 02.05.2025, deceased's husband brought her back to his house from her maternal home by assaulting and abusing her. On the night of 11.05.025, between 10:00 PM and 12:30 AM on 12.05.2025, the deceased hung herself and committed suicide. Consequently, the First Information Report (FIR) was lodged. The police have now completed the investigation and submitted the challan before the Court of competent jurisdiction. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submits that the applicants are the father-in-law and mother-in-law of the deceased. There is no dying declaration and no eyewitness to the incident. The deceased committed suicide, and the cause of death has been recorded as antemortem hanging, with no antemortem injuries found on her body. It is further submitted by the learned counsel for the applicants that the deceased was living with her parents, and as per the statement of the mother of the deceased recorded under Section 180 of the BNSS, it is apparent that the deceased, who was residing with her parents, was compelled by her husband to return to her matrimonial home. Under such compulsion, she went back and thereafter committed suicide. Further, the applicants have no previous criminal antecedents. He also submits that the charge-sheet has been filed in this case. The 3 applicants are in jail since 19.06.2025 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 the charge-sheet has been filed in this case. She further submits that from the statements attached to the case diary, it is evident that after the marriage, the deceased was harassed by her husband and her in-laws, due to which her father brought her back to her maternal home. When the father-in-law of the deceased came to take her back from her maternal home, he executed an agreement before the community, which is attached with the case diary. In that agreement, it is stated that if any untoward incident happens to the deceased, he shall bear full responsibility. Despite this, the father-in-law took the deceased back to her matrimonial home, where she later committed suicide. therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants are the father-in-law and mother-in-law of the deceased, further there is no dying declaration and no eyewitness to the incident and no antemortem injuries found on the body of the deceased, further the applicants have no previous criminal antecedents, the charge-sheet has been filed in this case and the applicants are in jail since 19.06.2025 and conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant Nos. 1 and 4 2 - Siyaram Kashyap and Santoshi Kashyap respectively, involved in Crime No. 178/2025, registered at Police Station – Kusmunda, District- Korba (C.G.) for the offence punishable under Sections 80, 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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 Preeti