1 CGHC010218502026 2026:CGHC:29025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5230 of 2026 1. Mullu @ Malluram Markam S/o Amarlal Aged About 58 Years R/o Village Rajadhar, Thana Chilphi, Tehsil Bodla, District- Kabirdham, Chhattisgarh 2. Sunil Markam S/o Mullu @ Malluram Aged About 23 Years R/o Village Rajadhar, Thana Chilphi, Tehsil Bodla, District- Kabirdham, Chhattisgarh 3. Sushila Bai W/o Mullu @ Malluram Aged About 41 Years R/o Village Rajadhar, Thana Chilphi, Tehsil Bodla, District- Kabirdham, Chhattisgarh 4. Bimla Bai W/o Mullu @ Malluram Aged About 49 Years R/o Village Rajadhar, Thana Chilphi, Tehsil Bodla, District- Kabirdham, Chhattisgarh 5. Hirma Bai W/o Ganesh Paraste Aged About 30 Years R/o Village Rajadhar, Thana Chilphi, Tehsil Bodla, District- Kabirdham, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Chilphi, Distt. Kabirdham (Chhattisgarh) ... Non-Applicant For Applicants : None. For Non-Applicant/State : Ms. Palak Dwivedi, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. None appears on behalf of the applicant to press this application when the case is called out, however, with the assistance of the learned PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.12 12:50:23 +0530 2 State counsel, this Court proceeds to hear and decide this bail application. 2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Nyay Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No.10/2026, registered at Police Station - Chilphi, District- Kabirdham (C.G.) for the offence punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The prosecution story, in brief, is that the deceased, Rajani Dhurve, went missing on 01.04.2026, pursuant to which a missing person report was lodged by Applicant No. 3 at Police Station Chilphi. Thereafter, upon receiving information that the deceased had committed suicide by hanging in the Dhawaipani forest area, merg proceedings were initiated. Subsequently, after a delay of more than one month, the impugned FIR came to be registered against the present applicants, who are the in-laws of the deceased, for the offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the allegation that, acting with common intention, they subjected the deceased to domestic harassment and cruelty, thereby abetting her to commit suicide. 4. It transpires from the record that Applicant No. 2 is the husband of the deceased, while the other applicants are her in-laws. There appears to be no suicide note. However, the statements of the family members of the deceased indicate that she was subjected to harassment by the applicants on the ground that she belonged to a lower caste. It is further alleged that the deceased had a child, and Applicant No. 2 suspected that the child was not born out of his relationship with the deceased. 5. On the other hand, learned State counsel opposes the bail application but 3 does not dispute the fact that no suicide note was recovered. She submits that the deceased died due to hanging and that, although no ante-mortem injuries were found on her body, she was subjected to continuous harassment and mental torture by the applicants, which ultimately drove her to commit suicide. Therefore, the applicants are not entitled to the grant of bail. 6. I have heard learned counsel appearing for the State and perused material available on record. 7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the State, and upon perusal of the case diary and other material available on record, this Court finds that no suicide note has been recovered and the post-mortem report reveals that the deceased died due to hanging and no ante-mortem injuries were found on her body, further the applicants have no previous criminal antecedents and have been in judicial custody since 05.05.2026, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let applicant Nos. 1, 2, 3, 4 and 5 - Mullu @ Malluram Markam, Sunil Markam, Sushila Bai, Bimla Bai and Hirma Bai involved in Crime No.10/2026, registered at Police Station - Chilphi, District- Kabirdham (C.G.) for the offence punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of theri absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses 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. 5 9. 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 Preeti Preeti