1 2025:CGHC:60046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10165 of 2025 1 - Shabnam Begum W/o Shahban Khan Aged About 45 Years R/o Madhubahan Road, Nariyal Kothi Awas, Police Station City Kotwali, District Bilaspur (C.G.) 2 - Arbaz Khan S/o Shahban Khan Aged About 24 Years R/o Atal Awas Q.No. 3/4 (Wrongly Written As 3/5 In The Order Sheet), Police Station Sarkanda, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sumit Singh Rathore, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in 2 connection with Crime No. 558/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 85, 108, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the deceased Khushbu had married co-accused Shahbaz Khan about 5–6 months prior, and within a month of the marriage, she was allegedly being harassed and taunted by the applicants along with her husband and other in-laws over trivial issues, including not bringing a gas cylinder. Distressed by the continuous harassment, she consumed insecticide at her matrimonial home on 10.09.2025 and later died during treatment at CIMS Hospital. Based on the statements of her family members, an FIR was registered against the applicants and the other co-accused, and they were subsequently arrested. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the deceased had herself consumed insecticides as she was suffering from depression and anxiety, a condition she had never disclosed to her family members. The in-laws, including the applicants, immediately took her to the hospital for treatment, but despite their efforts, she unfortunately could not survive. He also submits that applicant No. 2 had been residing separately with his wife since 2023 in a government-allotted house situated at Q.No.3/4, 3 Atal Awas, Bahatrai, Police Station Sarkanda, District Bilaspur (C.G.), and was not living with the deceased or the other co- accused. A copy of the allotment letter and payment slip is filed as Annexure A-4. He later submits that a co-accused, Smt. Shabeena Bejum, @ Neha Khan (sister-in-law) has already been granted bail vide order dated 21.11.2025 in MCRC No. 9445/2025, copy of which is filed as Annexure A-5. The applicants are in jail since 08.10.2025, the applicants have one criminal antecedent, which has been disposed of on the basis of compromise, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants, along with the husband and other in-laws of the deceased, are alleged to have repeatedly harassed and taunted the deceased over petty issues, including not bringing a gas cylinder, which allegedly drove her to consume insecticide and led to her death, further the applicants have one criminal antecedent of the year 2025 under the BNS. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 08.10.2025 and the fact that the applicants, along with the husband and other in-laws of the deceased, are alleged to have repeatedly harassed and taunted the deceased over petty issues, including not bringing a gas cylinder, which allegedly drove her to consume insecticide and led to her death, but present applicants are mother-in-law and brother-in-law of the deceased, sister-in- law of the deceased, namely, Smt. Shabeena Bejum, @ Neha Khan (sister-in-law) has already been granted bail vide order dated 21.11.2025 in MCRC No. 9445/2025, though she has been granted bail on different footing, but considering the fact that only general allegations have been levelled against the present applicants, the husband of the deceased is already in jail, further considering the fact that the applicants have one criminal antecedent, which has been disposed of on the basis of compromise and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Shabnam Begum and Arbaz 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, 3(5) of BNS, be released on bail on their furnishing a 5 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 Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 the Bharatiya 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 applicants are 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. 9. Office is directed to send a certified copy of this order to the trial 6 Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil