1 2026:CGHC:5718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 941 of 2026 1 - Gajanand Singh Rajput S/o Santosh Rajput Aged About 26 Years R/o Sanjay Nagar Bank Colony, Chakradhar Nagar, Boirdadar Raigarh- Tehsil- Raigarh District- Raigarh (C.G.) 2 - Santosh Singh Rajput S/o Late Doman Singh Rajput Aged About 50 Years R/o Sanjay Nagar Bank Colony, Chakradhar Nagar, Boirdadar Raigarh Tehsil- Raigarh, District- Raigarh (C.G.) 3 - Shankar Singh Rajput S/o Late Doman Singh Rajput Aged About 45 Years R/o Sanjay Nagar Bank Colony, Chakradhar Nagar, Boirdadar Raigarh, Tehsil- Raigarh District- Raigarh (C.G.) 4 - Janki Bai W/o Santosh Thakur Aged About 46 Years R/o Sanjay Nagar Bank Colony, Chakradhar Nagar, Boirdadar Raigarh- Tehsil - Raigarh, District- Raigarh (C.G.) ...Applicants versus State Of Chhattisgarh Through- Station House Officer, P.S. Chakradhar Nagar, District - Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Chandresh Shrivastava, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.02.2026 1. This is the first bail application filed under Section 483 of the Bhartiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.03 11:41:27 +0530 2 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 432/2025, registered at Police Station – P.S. Chakradhar Nagar District – Raigarh (C.G.) for the offence punishable under Sections 108, 85, 3(5) of the BNS. 2. The prosecution story in brief is that the complainant lodged an FIR on the basis of a hospital intimation stating that the deceased Amisha Singh, wife of applicant No.1 was brought to CHC Sarangarh in an unconscious condition and was declared brought dead. It is alleged that the deceased hadhad solemnized a love marriage with applicant No.1 in November 2022 and after about six months of marriage, she was subjected to mental and physical harassment by her husband (applicant no. 1), father-in-law (applicant no. 2) mother-in-law (applicant no. 3) and uncle-in-law (applicant no. 4), on the ground that she belonged to Bihar and had not brought anything from her parental house. It is further alleged that due to continuous harassment since the year 2023, the deceased was instigated to commit suicide and on 30.08.2025 she allegedly hanged herself at her matrimonial home. The post-mortem report opined the cause of death as asphyxia due to hanging and the nature of death as suicide, and on the basis of statements of family members and witnesses, Crime No. 432/2025 was registered against the applicants under Sections 108,85 and 3(5) of Bhartiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He further submits as even a bare perusal of the FIR 3 does not disclose the commission of the alleged offences against them, and the FIR itself was lodged after an unexplained delay of one month, which creates serious doubt about its veracity. The falsity of the prosecution case is further evident from the fact that applicant No.1, immediately after the deceased attempted to commit suicide, took her to the hospital, though unfortunately she did not survive the next day. All the statements of interested witnesses were recorded after a delay of about one month, and no investigation was conducted into the Instagram post made by the deceased prior to her death. It is further submitted that after a few months of marriage, applicant No.1 and the deceased were residing separately in a rented house and had gone to the matrimonial house only due to a demise in the family. There is no direct evidence, eyewitness account, or suicide note implicating the applicants, and the entire prosecution case rests on belated and omnibus statements, which are matters for trial. On the contrary, the deceased herself made an ante-mortem electronic dying declaration through an Instagram story two days prior to her death, specifically naming one Nirmal Chaudhary as the person harassing her and holding him responsible in the event of her suicide; however, the police have neither verified this crucial electronic evidence nor investigated the role of the said person, rendering the investigation unfair, incomplete, and one-sided. The applicants have been falsely implicated due to family disputes arising out of a love marriage and political dominance, and no prima facie case is made out against them. They are law-abiding citizens with deep roots in society, there is no likelihood of their absconding or tampering with evidence, their future and reputation are at stake due to false implication, and they 4 have been in custody since 31.09.2025, therefore they may kindly be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, this Court finds that although it is alleged that the deceased was instigated to commit suicide and on 30.08.2025 she allegedly hanged herself at her matrimonial home, the post-mortem report opines the cause of death as asphyxia due to hanging and the nature of death as suicide. It is further observed that no suicide note has been recovered from the spot and there is no direct or circumstantial evidence on record to prima facie establish that the present applicants abetted or instigated the deceased to commit suicide. The charge-sheet has already been filed before the competent Court and the applicants have been in judicial custody since 31.09.2025. Considering that the conclusion of the trial is likely to take a considerable time, and without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicants have made out a case for grant of bail and are, therefore, entitled to be released on bail in the present case. 7. Let applicants, Gajanand Singh Rajput, Santosh Singh Rajput, Shankar Singh Rajput & Janki Bai, involved in Crime No. 432/2025, registered at Police Station – P.S. Chakradhar Nagar District – 5 Raigarh (C.G.) for the offence punishable under Sections 108, 85, 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicanta misuses the liberty of bail during trial and in order to secure his 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 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav