1 2026:CGHC:6571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1295 of 2026 Sitaram S/o Hinchha Ram Verma Aged About 44 Years R/o Village- Belgaum, P.S. And Tahsil- Thankhamaria, District- Bemetara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Thankhamariya (Khamariya) District- Bemetara (C.G.) ... Respondent(s) For Applicant(s) : Ms. Sharmila Singhai, Senior Advocate assisted by Ms. Kanchan Kalwani, Advocate. For Respondent(s) : Dr. Sourabh Kumar Pandey, Gy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 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 applicant who has been arrested in 2 connection with Crime No. 150/2025 registered at Police Station Thankhamariya (Khamariya) District- Bemetara (C.G.) for the offence punishable under Sections 137(2), 107, 108, 3(5) of BNS and Section 84 of Juvenile Justice Act. 2. Case of the prosecution, in brief, is that Police Station Thankhamariya registered Crime No. 150/2025 on the basis of a merg intimation bearing No. 19/2025 submitted by Rajesh Kumar, Peon, C.H.C., Saja, regarding the death of Kavita Verma, wife of Surendra Verma, resident of Belgaon. The inquest diary was received from the Deputy Superintendent of Police, Bemetara, pursuant to which the First Information Report was registered initially for offences under Sections 137(2), 108 and 3(5) of the Bharatiya Nyaya Sanhita. It is alleged that co-accused, Surendra Verma, husband of the deceased, had brought the deceased knowing her to be a minor, abducted her and subjected her to physical and mental cruelty, as a result of which she was driven to commit suicide. It is further alleged that the present applicant Sitaram and co-accused Aatibai used to harass and taunt the deceased by stating that she had eloped and come to their house, thereby causing continuous mental harassment. According to the prosecution, due to such harassment and cruelty, the deceased Kavita Verma committed suicide on 30.06.2025 by consuming poisonous substance. During the course of investigation, offences under Section 107 of the Bharatiya Nyaya Sanhita and Section 84 of the Juvenile Justice Act, 2015 were also added. After 3 completion of investigation, the police arrested the present applicant along with other co-accused on 23.09.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that the present applicant, who is the uncle of the main accused, Surendra Verma, has been falsely implicated in the case without any cogent or reliable evidence. The allegation against him is vague in nature, merely stating that he used to taunt the deceased by saying that she had come by eloping. It is a settled principle of law that to constitute an offence under Sections 107 and 108 of the Bharatiya Nyaya Sanhita, 2023, there must be clear mens rea and a direct or active act of abetment. Mere allegations of harassment, in the absence of any intentional act or instigation, are not sufficient to attract the offence of abetment of suicide. The prosecution has failed to demonstrate any direct or proximate act on the part of the applicant which compelled the deceased to take the extreme step. 4. Learned counsel for the applicant also submits that the material collected during investigation does not disclose that the applicant ever abused, threatened, or instigated the deceased to commit suicide. The implication of the applicant is based solely on the statements of the parents of the deceased, without any independent corroboration. A bare perusal of the FIR and the 4 charge-sheet clearly indicates that the principal allegations are against co-accused Surendra Verma, the husband of the deceased. In these circumstances, the continued detention of the present applicant is unwarranted, and he deserves to be enlarged on bail. The applicant is in jail since 23.09.2025, the applicant has no criminal antecedent, 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 applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the allegation against present applicant is that he, along with co-accused, Aatibai, used to mentally harass and taunt the deceased, Kavita Verma by saying that she had come to their house by eloping, and such conduct allegedly caused mental distress to the deceased, which, according to the prosecution, contributed to her committing suicide on 30.06.2025 by consuming poisonous substance. Therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.09.2025, the fact that though the allegation against the applicant is that he used to taunt the deceased by saying she had 5 eloped, thereby allegedly causing mental harassment leading to her suicide, but considering the fact that the main accused, who is the husband of the deceased, is already in judicial custody and that the present applicant has no criminal antecedents, further the charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. 8. Accordingly, the application is allowed. 9. Let the Applicant-Sitaram, involved in Crime No. 150/2025 registered at Police Station Thankhamariya (Khamariya) District- Bemetara (C.G.) for the offence punishable under Sections 137(2), 107, 108, 3(5) of BNS and Section 84 of Juvenile Justice Act, 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 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, 6 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. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil