1 CGHC010262862026 2026:CGHC:29945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6293 of 2026 Tannu @ Mohini Gupta W/o Late Vishal Gupta Aged About 25 Years R/o Gaya Nagar, Police Station City Kotwali, District Durg Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Durg Kotwali, District Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 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 connection with Crime No. 157/2026 registered at Police Station Durg Kotwali, District Durg (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 108, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the deceased committed suicide on account of continuous harassment and abetment by the present applicant and the co-accused. During investigation, the police recovered a suicide note allegedly written by the deceased, which, along with the statements of witnesses and other material collected during investigation, indicated the involvement of the accused persons. On the basis of the evidence collected, the police registered Crime No. 157/2026 at Police Station Durg Kotwali for the offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arrested the applicant on 29.03.2026, and, after completion of investigation, filed the charge-sheet before the competent Court. 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. He further submits that the the applicant is a lady and one of the co-accused has already been granted the benefit of bail and, therefore, the applicant is also entitled to bail on the ground of parity. He also submits that there is no direct evidence to establish the applicant's involvement in the alleged offence and that the essential ingredients of the offences punishable under Sections 108 and 3(5) of the BNS are not made out against her. The applicant is in jail since 29.03.2026, the 3 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. 4. 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 applicant allegedly in collusion with co-accused, subjected the deceased to continuous harassment and abetted him to commit suicide. It is further alleged that the suicide note recovered during investigation, coupled with the statements of witnesses and other material collected by the prosecution, prima facie discloses her involvement in the commission of alleged offence, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 29.03.2026, the fact that though the applicant allegedly in collusion with co-accused, subjected the deceased to continuous harassment and abetted him to commit suicide, but considering the fact that there was no eye witness to the alleged incident and the applicant has no criminal antecedent, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the application is allowed. 8. Let the Applicant-Tannu @ Mohini Gupta, involved in Crime No. 157/2026 registered at Police Station Durg Kotwali, District Durg (C.G.) for the offence punishable under Sections 108, 3(5) of BNS, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 5 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 her in accordance with law. 9. 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