1 2025:CGHC:50981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8074 of 2025 1 - Smt. Bahtarin Bai Kamlesh W/o Shri Jawahar Lal Kamlesh Aged About 58 Years R/o Village Amoda, Ward No.15, Police Station Navagarh, District : Janjgir-Champa, Chhattisgarh 2 - Shri. Jawahar Lal Kamlesh S/o Late Shri Kanshi Ram Kamlesh Aged About 65 Years R/o Village Amoda, Ward No.15, Police Station Navagarh, District : Janjgir-Champa, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Tilda- Nevra, District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Mr. Chitendra Singh, Advocate For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 325/2025 registered at Police Station Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 80(2), 3(5) of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 01.07.2025, information was received through telephone to Police Station-Tilda Nevra, District-Raipur that a woman has hanged herself in the room of her house in Village- Kohka LIG 4B, Housing Board Colony, Kohka, on verifying the information, reaching the spot, questioning the informant Smt. Bahartin Kahra, rural inquest intimation was registered and as the deceased was a newly married woman, the Executive Magistrate conducted inquest proceedings of the dead body, post mortem of the dead body was conducted, and recorded the original numbered inquest from rural inquest intimation and took it into investigation proceedings. The informant(Bahartin bai) stated in the rural inquest oral report that on 01/07/2025 at around 10.00 am, she left the house telling her daughter-in-law deceased (Usha Kahra) that, she is going to the temple, the deceased was alone at home, when she returned from the temple at around 10.30 am, she saw that the iron gate outside the house was locked, the room gate was also closed, even after calling out for a long time no one came out from inside, upon asking a person for help the person went inside from the boundary wall looked inside from the window in the hall, the (deceased) was hanging from the ceiling fan, information about which was given to Tilda Nevra police station by the neighbour and the husband of the deceased was also informed, who had gone to Sambhav Power Plant on his duty. Therefore, further investigation were taken, the family members of the deceased (Usha Kahra), father Harishankar Shrimor, mother 3 Dhanbai of the deceased, brother of the deceased Pramod Shrimor, Manoj Kumar Shrimor, Vinod Kumar Shrimor, neighbour Bajrang Kumar Ratre, Ramakrishna Kashyap, all residents of village Kera Road, Police Station Janjgir, District Janjgir Champa, were interrogated in detail and their statements were recorded. The witnesses stated in their statements that the deceased was married on 20.04.2024 to Promod Kamlesh, son of Jawahar lal, resident of viallage Amodha, Police Station- Navagarh, District: Janjgir Champa. as per Hindu and social customs, the distance between the village of the husband (Pramod)and the deceased (Usha Kahra) is about 12 km. At the time of marriage, the father of the deceased Harishankar Shrimor had given Celerio four wheeler Car and other items to the groom side along with Stridhan by the father of the deceased. After marriage, the deceased (Usha Kahra) stayed in her in-laws' house for about 03 months. Later, due to the husband of the deceased working in Sambhav Plant Sarora police station- Tilda Nevra, the parents of groom used to quarrel and taunt over small matters, due to which the deceased was staying at both the places by visiting her parents' house and in-laws' house. During this period, the deceased also became pregnant on which the family members were saying that it is good that a boy- baby will come in the house. The deceased used to say that even if it is a girl then it will be good, but the family members used to say that it will be a boy only. After about 6 months, during the delivery treatment by Tilda Mission Hospital management, it was told that the child in the womb of the deceased has died. On 28.06.2025, the 4 deceased had come to her maternal home in Janjgir village along with her husband and mother-in-law (Bahartin Bai), who told her parents that when she was at her in-laws' house, her husband (Pramod Kamlesh) and her mother-in-law (Bahartin Bai) continuously and were (Jawahar) father-in-law demanding Rs. 10 lakhs from her, on which the deceased said that her parents do not have money and cannot give it, but the they were harassing and torturing her a lot physically and mentally and continuously demanding money. Meanwhile, one day, the deceased made a video call from her husband (Pramod's) mobile and told her father that if you people will not arranging the money. Then her husband, mother-in-law and father-in-law will not keep her in the house. Everyone were harassing, she was fed up with the harassment of these people. On 01.07.2025 at 12.15 pm, the deceased's husband (Pramod) called his brother-in-law on his mobile and told him that his sister is no more, he along with all should come quickly and inform his parents as well and then disconnected the call. Thereafter, when the deceased's father came to know about the incident, the father called his son-in-law (Pramod) repeatedly to know what had happened but son-in-law (Pramod) did not give any clear information. On basis of investigation and circumstances of the incident, it was found that after the marriage of the deceased (Usha Kahra), the in-laws kept demanding dowry by way of social, mental and physical torture and due to the boy's side spreading things hurting 5 the girl's self-respect among all the relatives, acquaintances and friends of the boy and girl's side, the newly married (Usha Kahra) committed suicide by hanging herself. Prima facie, it was found that the crime under Section 80(2), 3(5) BNS was committed by the husband Pramod, mother-in-law Bahartin, father-in-law Jawahar Lal, hence the crime No.325/2025 for offence punishable under Section 80(2), 3(5) BNS were registered on 01/08/2025 against the accused Pramod Kahra(Husband of deceased), Jawahar lal(father- in-law of deceased) and Bahtarin Bai Kamlesh (Mother-in- law of deceased)and they were arrested on 01/08/2025 and presented before the Concern Court from where they were sent on judicial remand. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that applicant No. 1 is the mother-in-law and applicant No. 2 is the father-in-law of the deceased. The marriage of their son (co-accused) was solemnized with the deceased in the year 2024. It is contended that, except for general and omnibus allegations made against the applicants, there is no dying declaration, no eye-witness, and no suicide note recovered from the possession of the deceased. The only observation in the postmortem is the presence of a ligature mark, indicating that the deceased committed suicide by hanging herself. It is further submitted that the applicants are in custody since 01.08.2025, and the husband of the deceased (co-accused) is already in jail. The charge-sheet has already been filed before the competent Court, 6 and the conclusion of the trial is likely to take a considerable period of time. Therefore, he prays that the applicants may kindly be enlarged on bail. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that after the marriage, the deceased was fine, but then she told her parents that her husband, her mother-in-law and her father-in-law and others have harassed her in connection with dowry and demanded Rs. 10 lakhs from her therefore, the deceased committed suicide by hanging herself but there was no any suicide note, no any eye witness and no dying declaration was found except ligature mark. As such, this Court not inclined to grant bail to the present applicants. 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 and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court and further the fact that the present applicants along with co-accused(husband) have harassed the deceased in connection with dowry and demand Rs. 10 lakhs from her, on account of harassment, the deceased committed suicide by hanging herself however, it appears that except for general and omnibus allegations made against the applicants there was no any suicide note, no any eye witness and no dying declaration was found except ligature mark and further the husband of the deceased has already languishing in jail therefore, 7 this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants -Smt. Bahtarin Bai Kamlesh and Shri Jawahar Lal Kamlesh, involved in Crime No. 325/2025 registered at Police Station Tilda-Nevra, District- Raipur (C.G.) for the offence punishable under Sections 80(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each 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 Bhartiya 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 8 the Bhartiya 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) 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 them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal