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2026 DAILYLAW 13117 (CHH)

SMT. MADHU SONKAR v. STATE OF CHHATTISGARH

MCRC/2491/2026 · 2026-03-29

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2491 of 2026 1 - Smt. Madhu Sonkar W/o Balram Sonkar, Aged About 28 Years R/o Mahamaya Para, Rajim Police Station Rajim District- Gariyaband (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Rajim District- Gariyaband (C.G.) ... Respondent For Applicant : Mr. K. K. Dewangan, Advocate For Respondent/State : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.03.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.372/2025 registered at Police Station Rajim District- Gariyaband (CG) for offence punishable under Sections 103(1) of BNS. 2. As per the prosecution case, the applicant’s daughter Kuhu Sonkar was often ill and undergoing treatment for 2 ½ years. Her BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.03.30 18:45:16 +0530 2 husband wasn't concerned about the treatment, causing her mental distress. On 14.10.2025, she fed rat poison to Kuhu and consumed some herself. Kuhu vomited, and her husband took them to Mata Rani Hospital, from there her husband brought Kuhu back home. Later, at about 11 p.m., Kuhu's condition worsened, and they took her to Ayushman Hospital, Nawapara then to Raipur Hospital, where she died. On report being lodged in this regard, the applicant was arrested on 09.11.2025. 3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is no directed evidence against the applicant, who has been made an accused in the case solely based on her memorandum statement. He submits that the applicant is a woman who has another son who needs to be looked after and that no seizure has been made from her. He further submits that out of total 27 witness, none have been examined to date, the applicant is in jail since 09.11.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that exasperated by the ongoing medical treatment, the applicant administered poison to her daughter, resulting in her death. He further submits that the FSL report is positive and considering the nature of offence, the applicant does not deserve to be released on bail. 3 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly that the applicant is a woman who has another son requiring care, there are total 24 witnesses, trial has not commenced, she has been in custody since 09.11.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE