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2025 DAILYLAW 39556 (CHH)

NISHA SINGH v. STATE OF CHHATTISGARH

MCRC/6381/2025 · 2025-08-24

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:43012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6381 of 2025 1 - Nisha Singh W/o Late Ashok Singh Aged About 37 Years R/o M.D.D. 87, Phase-1, Kabir Nagar, District- Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kabir Nagar Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Ali Afzaal Mirza, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.08.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.44/2025 registered at Police Station Kabir Nagar, Raipur, District Raipur (CG) for the offence punishable under Sections 103(1), 80, 3(5) of BNS, 2023. 2. As per the prosecution case, the applicant and co-accused Prince Singh subjected the deceased Suhani Singh @ Kanchan Singh to Digitally signed by BHOLA NATH KHATAI Date: 2025.08.26 11:19:47 +0530 2 cruelty & harassment for demand of dowry and strangulated her to death. On written report being made in this regard by the father of the deceased, offence under the aforesaid sections have been registered against the applicant and co-accused Prince Singh. 3. Learned counsel appearing for applicant submits that the applicant is the mother-in-law of the deceased. He submits that there is no direct evidence against the applicant nor has she played any active role in the said offence. He submits that the co- accused and the deceased lived on the first floor while the applicant lived on the ground floor. The applicant has been implicated in this case only on the basis of the police statement of the parents of the deceased. The child of the deceased is also living with the applicant. He further submits that the applicant is in jail since 25.06.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts the applicant may be released on bail. 4. State counsel, on the other hand, opposing the bail application submits that as per the statement given by the parents of the deceased before the Police, the applicant and the co-accused subjected the deceased to cruelty for demand of dowry and considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the applicant who is the mother-in- law of the deceased is in jail since 25.06.2025, charge sheet has been filed, trial has not commenced, the child of the deceased is residing with the applicant, apart from the police statement of the parents of the deceased no specific material is available on record regarding her active role and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the 3 opinion that prima facie, a case for grant of bail to the applicant has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE