1 2025:CGHC:51918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8456 of 2025 Smt. Sanju Gupta W/o Shri Rajkumar Gupta Aged About 53 Years R/o House No. G.B.03, Near Sharda Petrol Pump, Yashvihar, Motinagar, Boriyakhurd, P.S. Tikrapara, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station - Tikrapara, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Chakresh Tiwari, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. Mr. Chakresh Tiwari, learned counsel appearing for the applicant, made a mention this morning when the Court assembled, stating that the applicant is a cancer patient and has been confined in jail since 21.09.2025. He submitted that the matter may be taken up urgently, as the applicant is required to undergo chemotherapy. 2. Considering the aforementioned facts, the said mention was allowed, and the Registry of this Court was directed to place the matter accordingly. Learned State Counsel, Mr. Sangharsh Pandey, has verified that the applicant is a cancer patient and is undergoing treatment at Sanjivani ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:13:23 +0530 2 Cancer Hospital, Raipur. In view of the same, the matter is taken up for hearing. 3. 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. 645/2025 registered at Police Station Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 80, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 4. As per the prosecution case, on 22.11.2024, the son of the applicant, namely Ankit Gupta, entered into wedlock with Deepali Sahu. It is alleged that, on account of a demand for dowry to start the business of Ankit Gupta, a demand of Rs. 20 lakhs was made. As the said demand was not fulfilled, it is further alleged that Deepali Sahu was subjected to cruelty, and consequently, she committed suicide by hanging herself on 13.08.2025. On the basis of this incident, the police registered an FIR against the husband’s family members. However, a copy of the FIR is not available for immediate perusal, as it has been marked “case sensitive” on the official web portal. 5. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the deceased, Deepali Sahu was never subjected to any cruelty or harassment for any purpose, much less for the demand of dowry. He submits that there was no question of any demand from the side of the applicant, as she herself is suffering from cancer and had been admitted to AIIMS Hospital, Raipur, on 22.03.2024, and was again admitted to Sanjeevani CBCC USA Cancer Hospital, Raipur, on 04.05.2024, from where she was discharged on 13.05.2024. He also submits that the health condition of the applicant is deteriorating, and the jail authorities themselves had 3 summoned the doctor who has been treating her on 26.09.2025. The applicant has also been advised to undergo chemotherapy, and her next cycle of therapy is due on 15.10.2025. He submits that the present applicant has been in jail since 21.09.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 6. On the other hand, learned State Counsel opposes the bail application of the applicant and submits that the charge-sheet has not yet been filed before the competent Court in the present case. However, he does not dispute the fact that the applicant is suffering from cancer and is undergoing treatment at Sanjivani Cancer Hospital, Raipur. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, as the present applicant is the mother-in-law of the deceased and is a cancer patient undergoing treatment at Sanjivani Cancer Hospital, Raipur, and further considering that although the charge-sheet has not yet been filed before the competent Court in the present case, the applicant has been languishing in jail since 21.09.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 9. 9. Let the Applicant – Smt. Sanju Gupta, involved in Crime No. 645/2025 registered at Police Station Tikrapara, District Raipur (C.G.), for the offences punishable under Sections 80, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 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. 10. 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 Abhishek