1 2025:CGHC:56762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9445 of 2025 Smt. Shabeena Begum @ Neha Khan W/o Saddam Hussain, Aged About 26 Years, R/o Atal Awas, Bahatrai, Quarter No. 3/5, Police Station Sarkanda, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District : Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 558/2025, registered at Police Station – City Kotwali, District : Bilaspur (C.G.) for the offence punishable under Sections 85, 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the deceased, namely Khushbu, entered into her second marriage 5–6 months ago with the co-accused Shahbaz Khan. After one month of the marriage, the applicant along with the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.21 16:47:32 +0530 2 co-accused Shahbaz Khan (husband) and Shabnam Begum (mother-in- law), as well as the present applicant who is the sister-in-law of the deceased, allegedly used to taunt her over trivial matters and for not bringing a gas cylinder. Subsequently, being harassed by these taunts, the deceased consumed insecticides in her matrimonial home on 10-09-2025. She was immediately taken to the nearest hospital by her in- laws, where she died during the course of treatment. Thereafter, based on the statements made by the family members of the deceased, the police registered a crime against the applicant and other co-accused persons and arrested them. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is the sister-in-law of the deceased, and the husband and mother-in-law of the deceased are already in jail. It is also submitted that the applicant had given birth to a child six months ago and is presently in confinement in prison along with her infant child. The applicant has one previous criminal antecedent. The charge-sheet has not yet been filed, and she has been in jail since 08.10.2025. As the conclusion of the trial is likely to take some time, she prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has not been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact 3 that the applicant is the sister-in-law of the deceased, and the husband and mother-in-law of the deceased are already in jail, also considerng the fact that the applicant had given birth to a child six months ago and is presently in confinement in prison along with her infant child, the applicant has one previous criminal antecedent, the charge-sheet has not yet been filed, and she has been in jail since 08.10.2025, further, the applicant’ case is distinguishable from that of co-accused persons, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Smt. Shabeena Begum @ Neha Khan, involved in Crime No. 558/2025, registered at Police Station – City Kotwali, District : Bilaspur (C.G.) for the offence punishable under Sections 85, 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 4 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 his, 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 for necessary information and compliance forthwith. Sd/-- (Ramesh Sinha) Chief Justice Preeti