1 CGHC010177292026 2026:CGHC:30006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4137 of 2026 Hemant Tripathi S/o. Shri Guru Prasad Tripathi Aged About 39 Years R/o. Vill.- Baturakachhar, Tah. and P.S.- Pipariya, Dist.- Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Pipariya, Dist.- Kabirdham (C.G.) … Non-Applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate. 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 Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 321/2025 registered at Police Station - Pipariya, District- Kabirdham (C.G.), for the offence punishable under Sections 108, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the brief facts of the prosecution case, Police Station Pipariya received Merg Intimation No. 52/2025 to the effect that one Rani Tripathi had poured turpentine oil on herself and set herself ablaze with the intention of committing suicide on the intervening night of 07.10.2025. During the course of treatment, she succumbed to her injuries on 12.10.2025. On the basis of the said Marg intimation, Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 15:54:22 +0530 2 Pipariya registered the present FIR against the applicant, who is the husband of the deceased Rani Tripathi, and her other in-laws. It is alleged that, in her dying declaration, the deceased stated that after one year of marriage, the applicant/husband started subjecting her to cruelty while under the influence of alcohol. She further stated that on 06.10.2025, at about 5:00 p.m., the applicant assaulted her with his hands and fists, and thereafter left the house. Despite her repeated attempts to contact him over the phone, he did not answer her calls. It is further alleged that thereafter her in-laws came to the house and told her that she should leave the house as she was the main reason for the quarrels in the family. Being upset and in a fit of anger, she poured turpentine oil on herself and set herself on fire, as a result of which she sustained burn injuries. Upon hearing about the incident, her uncle, who resides in the adjoining house, reached the spot and took her to the District Hospital for treatment. Thereafter, she was admitted to Kalda Burn and Surgery Centre, Raipur, where her dying declaration was recorded on 07.10.2025. On the basis of the said dying declaration, the present FIR was registered against the applicant and the other in-laws. 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 charge-sheet has already been filed before the competent Court. Learned counsel submits that, in the dying declaration, the deceased has not made any specific allegation against the present applicant. It is further submitted that the anticipatory bail application of the co-accused/father- in-law of the deceased, namely, Guru Prasad Tripathi, was initially rejected by this Court vide order dated 02.01.2026 passed in MCRCA No. 1978/2025, however, the said co-accused was subsequently granted anticipatory bail by the Hon'ble Supreme Court in SLP (Criminal) No. 3 1037/2026 vide order dated 25.02.2026. Learned counsel further submits that the anticipatory bail application of the present applicant (brother-in- law of the deceased) was rejected, pursuant to which he surrendered before the Trial Court and has been in judicial custody since 30.03.2026. It is further submitted that the applicant has no previous criminal antecedents and that the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the charge-sheet has already been filed. However, he could not dispute the fact that the co-accused/father-in-law of the deceased, namely, Guru Prasad Tripathi, has been granted anticipatory bail by the Hon'ble Supreme Court. He further submits that the anticipatory bail application of the present applicant was rejected by the Hon'ble Supreme Court, pursuant to which the applicant surrendered before the Trial Court and is presently in judicial custody. 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 the offence, and the fact that the charge-sheet has already been filed before the competent Court, further the anticipatory bail application of the co-accused/father-in-law of the deceased, namely, Guru Prasad Tripathi, was initially rejected by this Court vide order dated 02.01.2026 passed in MCRCA No. 1978/2025, however, the said co-accused was subsequently granted anticipatory bail by the Hon'ble Supreme Court in SLP (Criminal) No. 1037/2026 vide order dated 25.02.2026, the anticipatory bail application of the present applicant (brother-in-law of the deceased) was rejected, pursuant to which he 4 surrendered before the Trial Court and has been in judicial custody since 30.03.2026, the applicant has no previous criminal antecedents, further considering the fact that in the dying declaration, the deceased has not made any specific allegation against the present applicant, the conclusion of the trial is likely to take some time, and the case of the present applicant is distinguished from the husband of the deceased, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Hemant Tripathi, involved in Crime No. 321/2025 registered at Police Station - Pipariya, District- Kabirdham (C.G.), for the offence punishable under Sections 108, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023, 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. (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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti