1 2026:CGHC:5278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1034 of 2026 • Somlata Verma W/o Ramashankar Verma Aged About 50 Years Resident Of Village- Sarora Police Station Tilda- Newra District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Tilda- Newra, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pradeep Singh Rathore For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 543/2025, registered at Police Station – Tilda-Newra, District – Raipur (C.G.) for the offence punishable under Sections 80(2), 3(5)of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that allegation against the present applicant along with the other co-accused are that, after sometime of marriage they harassed the deceased for demand of dowry, due to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.02 10:51:00 +0530 2 that she consumed poison and during treatment she died on 30.10.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is the mother-in-law of the deceased. The marriage of his son (co-accused) with the deceased was solemnized in the year 2025. It is contended that, except for general and omnibus allegations made against the applicant, there is neither any dying declaration nor any eyewitness and no suicide note has been recovered from the possession of the deceased. He further submits that the postmortem report only records that the deceased committed suicide after consuming a poisonous substance. It is further submitted that co-accused has already been granted bail by this Court in MCRC No.600 or 2026 vide order dated 16.01.2026 the applicant has been in custody since 05.12.2025 and that the husband of the deceased (co-accused) is also in jail. The charge-sheet has already been filed before the competent Court, and the conclusion of the trial is likely to take a considerable period of time. Therefore, it is prayed that the applicant 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 initially fine, however, she later informed her parents that her husband, mother-in-law, father-in-law, and other family members had harassed her in connection with dowry. It is submitted that due to such harassment, the deceased committed suicide by consuming a poisonous substance. Although there is no suicide note, no eyewitness, and no dying declaration on 3 record, considering the nature of the allegations, she submits that this Court is not inclined to grant bail to the present applicant. 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, the fact that the investigation has already been completed and the charge-sheet has been filed before the competent Court and further considering that the allegations against the present applicant, who is mother-in-law of the deceased are general and omnibus in nature, it appears that there is no suicide note, no eyewitness and no dying declaration on record. Although it is alleged that the applicant, along with the co-accused (husband), harassed the deceased in connection with dowry and that on account of such harassment, the deceased committed suicide by consuming a poisonous substance, the husband of the deceased is already languishing in jail and as such the case of the applicant is distinguishable from that case of co- accused and co-accused has already been granted bail by this Court in MCRC No.600 or 2026 vide order dated 16.01.2026 Therefore, this Court is of the view that the present applicant is entitled to be released on bail in the present case on the ground of parity. 7. 7. Let applicant, Somlata Verma, involved in Crime No.543/2025, registered at Police Station – Tilda-Newra, District – Raipur (C.G.) for the offence punishable under Sections 80(2), 3(5)of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant 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 him, 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 him in accordance with law. 8. 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 vaishali