1 CGHC010309852026 2026:CGHC:35640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7426 of 2026 Kavita Kashyap W/o Late Kirtan Kashyap Aged About 35 Years R/o Village Jarwe (CH) P.S. Janjgir District Janjgir Champa C.G. ... Applicant versus State Of Chhattisgarh Through SHO Police Station Janjgir District Janjgir Champa C.G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Kamlesh Patel, Advocate. For Non-applicant/State :Ms. Nupur Trivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No.445/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.13 11:14:50 +0530 2 Station – Janjgir, District Janjgir-Champa (C.G.), for the offences under Sections 80(2) and 3(5) of BNS. 2. Prosecution story, in brief, is that deceased Bharti Kashyap was married to Krishna Kumar Kashyap on 14.02.2022 according to customary rites and they have a three-year-old child. It is alleged that after about two years of marriage, her husband started taunting and harassing her for bringing insufficient dowry articles and the present Applicant, being her sister-in-law, also subjected her to similar taunts. It is further alleged that the deceased had seen her husband and the present Applicant in an objectionable situation and upon objecting, was subjected to further harassment. The deceased had earlier stayed at her parental home for about 5–6 months and was thereafter sent back to her matrimonial home after counselling. On 06.07.2025, she informed her mother over telephone that there was no change in the behaviour of the accused persons and stated that she did not wish to remain alive, whereafter she consumed pesticide. She was taken for treatment and died on 07.07.2025 during treatment at SIMS Hospital, Bilaspur. Accordingly, a First Information Report was registered against the Applicant for the offences as mentioned above. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant 3 is innocent, has been falsely implicated in the present case and is behind the bars since 13.06.2026. He further submits that the Applicant is the widowed sister-in-law (Jethani) of the deceased and that the deceased committed suicide on account of the alleged extramarital relationship between her husband and the Applicant. He lastly submits that there is a delay of 11 months in lodging the FIR and conclusion of trial is likely to take considerable time, therefore, the Applicant may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the deceased had specifically informed her mother that the present Applicant was having an extra-marital relationship with her husband, on account of which she was subjected to harassment and mental cruelty. It is further submitted that specific allegations of harassment have been levelled against the present Applicant, which prima facie connect her with the alleged offence. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that there is a delay of about 11 months in lodging the FIR, there is no suicidal note, the 4 period of custody of the Applicant since 13.06.2026 and the fact that the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Kavita Kashyap involved in Crime No. 445/2026 registered at Police Station – Janjgir, District Janjgir-Champa (C.G.), for the offences under Sections 80(2) and 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 he/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 his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/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 his/her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in 5 such proclamation, then, the trial court shall initiate proceedings against him/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 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/hyer 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 Priya