1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7994 of 2025 Smt Girija Singh W/o Amleshwar Singh Aged About 60 Years R/o 676/13 Gandhi Dabri Ward No. 13, Mohan Nagar, Tehsil And District Durg, C.G. ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Mohan Nagar Durg, C.G. ... Non-applicant For Applicant : Ms. Anuja Sharma, Advocate appears on behalf of Mr. Aman Pandey, Advocate. For Non-Applicant/State : Mr. Subha Shrivastava, Panel Lawyer. For Objector : Mr. Jitendra Gupta, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 429 of 2025 registered at Police Station : Mohan Nagar District – Durg (C.G.) for the offence punishable under Section 108 and 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.09 18:03:05 +0530 2 2. As per the prosecution story, deceased Preeti Singh who was married before 7 years of commission of the offence, committed suicide in her matrimonial home on 29.08.2025. On information marg was registered and statement of their family members has been recorded wherein allegations of demand of dowry were mentioned and it was also mentioned that her husband has extra marital relations with two women. It is alleged that on 28.08.2025 her husband harassed her on video call assisted by her mother-in-law in relation to extra marital affair of her husband due to which she committed suicide. It is submitted that the husband of the Petitioner has also preferred an application before the Ld. Court below however his application was allowed considering his involvement in the commission of the offence. 3. It is respectfully submitted that the applicant is innocent and has been falsely implicated in the present case. He further submits that the present bail application is being preferred as the police have not yet filed the charge-sheet, and considering the old age of the applicant, who is the mother-in-law of the deceased, and her limited role, she seeks indulgence of this Hon’ble Court for grant of bail. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of her absconding or tampering with the prosecution case if released on bail. She undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court. The only allegation against the applicant is that she had an altercation with the deceased; however, it is not the prosecution’s case that such a dispute had any proximate connection with the commission of the alleged offence. Even if the allegations are presumed to be true, no offence is made out against the applicant as the necessary ingredients, including intent, are missing. There is no allegation that the applicant posed any 3 imminent threat to the deceased, and the alleged quarrel, at best, reflects normal wear and tear of family life, which has been exaggerated by the complainant. The applicant is an elderly lady suffering from various ailments due to her age. It is further submitted that her husband has already been granted bail by the Learned Trial Court, and she is required to take care of him, as he too is suffering from several health issues. The prosecution’s case is baseless and frivolous, and she is in jail since 01.09.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for both parties, and the fact that the applicant is the mother-in-law of the deceased while the husband of the deceased is already in jail and further noting that no suicide note was left behind by the deceased and there is no eyewitness to suggest that the present applicant was involved in the alleged crime, and that the father-in-law of the deceased has already been granted bail by the Trial Court and also considering that the charge-sheet has already been submitted before the competent Court and that the present applicant has been in judicial custody since 01.09.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Smt Girija Singh, involved in Crime No. 429 of 2025 registered at Police Station : Mohan Nagar District – Durg (C.G.) for the 4 offence punishable under Section 108 and 3(5) of the BNS 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 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 his 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. (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 send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav