1 2025:CGHC:52758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8571 of 2025 1 - Hori Lal Kaushal S/o Premlal Kaushal Aged About 32 Years R/o Village Suradabri, Police Station Chuikhadan, District- Khairagarh Chuikhandan - Gandai (C.G.) 2 - Premlal Kaushal S/o Late Buddhu Kaushal Aged About 56 Years R/o Village Suradabri, Police Station Chuikhadan, District- Khairagarh Chuikhandan - Gandai (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House O-cer, Police Station Chuikhadan, District – Khairagarh-Chuikhandan-Gandai (C.G.) ---- Non-applicant For Applicants : Mr. Abhishek Sharma, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.10.2025 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. 117/2025, registered at Police Station – Chuikhadan, District – Khairagarh- Chuikhandan-Gandai (C.G.) for the o<ence punishable under Sections 108, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 14.03.2025 at about 4.00 p.m. the deceased Kiran Kaushal consumed poison and when she started vomiting thereafter applicant No. 1 and other relatives admitted the deceased at Shreya Private Hospital Dhamdha thereafter on 17.03.2025 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 looking the serious condition she was referred to Shankracharya Hospital Junwani Bhilai and during the course of treatment she died on 25.03.2025 at about 10.20 p.m. thereafter during morgue enquiry statement of deceased's family and other witnesses were recorded and they stated that deceased married to applicant No. 1 Horilal on 19.04.2019 and they have no issue since last 6 years and treatment is going on and witnesses further stated that after two years of marriage the applicant No. 1 and applicant No. 2 started torturing for not having any issue and on the date of incident applicant No. 2 tortured for not cooking (Puri-Roti) because the deceased have no issue and on the basis of statement the Police Station Chuikhadan on 20.05.2025 registered the crime for the o<ence under Section 108, 85, 3(5) of the BNS and applicants were arrested. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been Bled in this case. It is further submitted that the applicant No.1 happens to be the husband of the deceased and the applicant No.2 is the father-in-law of the deceased, and the marriage of the applicant No.1 with the deceased was solemnized 6 years prior to the incident, and it is stated that the deceased was not conceiving any child, hence, she was also getting treatment, and further the incident was taken place on the date of Holi Festival, when the deceased was asked by his father-in-law (applicant No.2) for cooking some food items and when she refused, the applicant No.2 scolded her, the quarrel took place and thereafter, she committed suicide by consuming poison. The applicants are in jail since 21.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been Bled in this case. It is further submitted that on account of mental torture committed by the applicants on the deceased, the deceased committed suicide by consuming poison, therefore, they 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 applicant No.1 happens to be the husband of the deceased and the applicant No.2 is the father-in-law of the deceased, and the marriage of the applicant No.1 with the deceased was solemnized 6 years prior to the incident, and it is stated that the deceased was not conceiving any child, hence, she was also getting treatment, and further the incident was taken place on the date of Holi Festival, when the deceased was asked by his father-in-law (applicant No.2) for cooking some food items and when she refused, the applicant No.2 scolded her, the quarrel took place and thereafter, she committed suicide by consuming poison, charge-sheet has been Bled against the applicants, the applicants are in jail since 21.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Hori Lal Kaushal and Premlal Kaushal, involved in Crime No. 117/2025, registered at Police Station – Chuikhadan, District – Khairagarh-Chuikhandan-Gandai (C.G.) for the o<ence punishable under Sections 108, 85 and 3(5) of the BNS, 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:- 4 (i) The applicants shall Ble an undertaking to the e<ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su-cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date Bxed in such proclamation, then, the trial court shall initiate proceedings against him, 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 Bxed 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 applicants is deliberate or without su-cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. O-ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar