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2025 DAILYLAW 42169 (CHH)

SMT. ISHWARI BAI VERMA v. THE STATE OF CHHATTISGARH

MCRC/7138/2025 · 2025-09-07

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1 2025:CGHC:45653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7138 of 2025 1 - Smt. Ishwari Bai Verma W/o Shri Beerelal Verma Aged About 46 Years, 2 - Smt. Seeta Verma W/o Shri Manendra Verma Aged About 22 Years, Both are R/o Village, Kunwaar Jhorki, Post Nangaldah, Thana And Tahsil Ghumka, Distt. Rajnandgaon, Chhattisgarh. ... Applicants versus The State Of Chhattisgarh Through The Station House Officer, P.S. Ghumka, Distt. Rajnandgaon, Chhattisgarh. ... Respondent For Applicants : Shri Aniruddha Shrivastava, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.49/2025 registered at Police Station Ghumka District-Rajnandgaon GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.10 11:33:24 +0530 2 (C.G.) for the offence punishable under Sections 108, 82(1), 3(5) of BNS 2023. 2. Case of the prosecution, in brief, is that Police of Police Station Kotwali Durg sent a merg intimation whereby it was informed that deceased Smt. Gangotri Verma, wife of Manendra Verma, age 18 years, resident of Kunrashorki, Police Station Ghumka, consumed poison and was admitted to Durg Hospital for treatment and was declared dead, as the deceased was newly married, Panchnama proceedings were done by the Executive Magistrate, after which Post Mortem was also conducted. On receipt of the report, a case 08/25 TRA 194 BNSS was registered in Ghumka police station and investigation was taken up. During the investigation, deceased's husband Manendra Verma, being already married and having children, married deceased Gangotri Verma and brought her to his house. Manendra Verma's wife Sita Verma i.e. applicant no. 2 and mother Ishwari Verma i.e. applicant no. 1 harassed her and threw both of them out of the house. On 29.01.2025, while the deceased and Manendra Verma were living in one room, the applicants Sita Verma and Ishwari Verma quarreled with her. Manendra Verma, getting influenced by his first wife and mother, quarreled with the deceased and harassed her on 30.01.25. When she was taken for treatment after being poisoned, she was found dead. On inquest, crime under section 108 BNS was found and crime was registered and investigation was taken up and after completing the investigation charge sheet has been filed before the CJM Rajnandgaon. 3 3. Learned counsel for the applicants submitted that the deceased was the second wife of the co-accused Manendra Verma and the applicant No.1 is the mother and the applicant No.2 is the first wife of the said co-accused and there is no suicide note and co- accused Manendra Verma is already in jail. He would submit that the charge sheet has been filed in this case and the applicants are in jail since 20/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that there is no suicide note in this case. 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 of allegation levelled against the applicants, considering the fact that the deceased was the second wife of the co-accused Manendra Verma and the applicant No.1 is the mother and the applicant No.2 is the first wife of the said co-accused, there is no suicide note in this case and co-accused Manendra Verma is already in jail, period of detention of the applicants since 20/05/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the applicant No.1- Smt. Ishwari Bai Verma and applicant No.2 Smt. Seeta Verma involved in Crime No.49/2025 registered at Police Station Ghumka District-Rajnandgaon (C.G.) for the offence punishable under Sections 108, 82(1), 3(5) of BNS 2023, be released on bail on each of them furnishing a personal bond with two sureties 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 applicants fail 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) 5 framing of charge and (iii) recording of 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri