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2026 DAILYLAW 3460 (CHH)

SHAHID QURAISHI v. STATE OF CHHATTISGARH

MCRC/1201/2026 · 2026-02-03

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Judgment text

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1 2026:CGHC:6274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1201 of 2026 Shahid Quraishi S/o Late Faiz Mohammad Quraishi Aged About 35 Years R/o 102, Ward No. 7 Lal Bahadur Ward, Nagar Panchayat Bodri, District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House O4cer, Police Station Chakrabhatha, District Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Lakhan Singh Bhadoriya Advocate. For Non-applicant/State : Mr. S.S. Baghel, Government Advocate For Objector : Mr. Waquar Rizvi, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. The applicant has preferred this First Bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No.375/2025, registered at Police Station- Chakarbhata, District – Bilaspur, (C.G.) for the o?ence punishable under Sections 80(2), 3(5) of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 08.09.2025, the informant, Shahid Quraishi, son of Late Faizal Mohammad Quraishi, lodged a report at Police Station Chakarbhatha stating that he resides behind Vasu Mangalam, Ward No. 7, Chakarbhatha, and works at the electricity o4ce there. After completing his night duty, he returned home at about 8:30 AM and later went to Chakarbhatha market at around 10:00 AM. He called his wife, but she did not answer. Upon returning home, he found the bedroom door locked from the inside. Despite calling out to his wife, there was no response. When he looked through the ventilation window, he saw his wife hanging from the ceiling fan with a dupatta. He immediately informed Dial 112 and in the presence of neighbors Ishwar Yadav and Akhilesh Kaushik, the door was broken open. On the basis of this report, a merg intimation was registered at Police Station Chakarbhatha vide Marg No. 57/2025 under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023. During inquiry, on the basis of the inquest proceedings, merg panchnama, statements of witnesses, spot inspection, and post-mortem report, the Station House O4cer, Chakarbhatha, found that the deceased, Afroz Khan, had allegedly committed suicide by hanging due to harassment for dowry by Shahid Quraishi, Naseeba Quraishi, and Anaya Quraishi from 05.07.2024 until the morning of 08.09.2025. Accordingly, Crime No. 375/2025 was registered for o?ences punishable under Section 80(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the applicant and other co-accused persons. On the basis of evidence collected during investigation, the FIR was 3 registered, the applicant Shahid Quraishi was arrested, and after completion of investigation, the charge-sheet has been Eled. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is an unexplained delay in registration of the FIR, as the merg intimation was recorded on 08.09.2025 whereas the FIR was lodged only on 24.09.2025. Prima facie, no case under Section 80(2) of the BNS is made out against the applicant. The other co- accused persons have already been granted anticipatory bail by this Court in MCRCA No. 1749/2025. As per the merg No. 57/2025 and post-mortem proceedings, no external injuries, stains, or blood marks were found on the body of the deceased and the cause of death was opined to be “death by hanging.” No suicide note alleging cruelty or dowry harassment was recovered. The deceased was not subjected to cruelty or harassment by the applicant, and the statements of family members recorded under Section 161 Cr.P.C./180 BNSS are hearsay, interested, and unreliable; notably, neither the brother nor any relative of the deceased ever made any complaint regarding dowry harassment soon before the death, either to the police or in the community. On the contrary, it was the applicant himself who informed the police about the incident upon reaching home. It is further submitted that the applicant is the husband of the deceased and that she was under mental distress on account of not being able to conceive a child even after one year of marriage, which may have led to the unfortunate incident. Accordingly he prays for grant of bail. 4 4. Learned State counsel opposes the bail application and submits that the deceased committed suicide by hanging herself within a short period of marriage and there are speciEc allegations of continuous dowry harassment against the applicant. During investigation, statements of witnesses and surrounding circumstances clearly indicate the applicant’s involvement, and a charge-sheet has already been Eled under serious o?ences of the BNS. Considering the gravity of the o?ence and the material collected, the applicant is not entitled to be released on bail. 5. On the other hand, learned counsel for the objector submits that the marriage between the applicant and the deceased was solemnized on 04.07.2024, and soon thereafter the deceased was subjected to harassment by the applicant in connection with unlawful demands for dowry. It is submitted that the applicant and his family members had demanded ₹5,00,000/– as dowry, and immediately thereafter, on the very next day, the father of the deceased transferred ₹1,50,000/– through online mode to the account of the applicant’s father while the remaining amount was being demanded from time to time. Owing to continuous pressure and harassment over these demands, the deceased was unable to bear the situation and ultimately committed suicide by hanging. Hence, considering the serious allegations and circumstances of the case, the present applicant is not entitled to the grant of bail. 6. I have heard learned counsel for the parties, perused the case-diary and documents appended thereto. 5 7. Considering the facts and circumstances of the case, this Court Ends that the marriage between the applicant and the deceased was solemnized on 04.07.2024 and the deceased committed suicide by hanging herself within a short span of marriage, which attracts serious consideration under the provisions relating to dowry death. The prosecution material indicates that the applicant and his family members had demanded ₹5,00,000/– as dowry, and immediately thereafter, on the very next day, the father of the deceased transferred ₹1,50,000/– through online mode to the account of the applicant’s father, which prima facie supports the allegation of dowry demand. It is further alleged that even after receiving the said amount, the accused persons continued to press for the remaining amount, which shows continuous harassment. The statements of family members and surrounding circumstances collected during investigation indicate cruelty and dowry-related harassment soon before the death. The charge-sheet has already been Eled under Section 80(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, which are grave o?ences. The defence contentions regarding delay in FIR, absence of suicide note and alleged personal distress of the deceased are matters for trial and cannot outweigh the prima facie material at this stage. Considering the seriousness of allegations, the nature of evidence collected and the fact that the death occurred within a short period of marriage under suspicious circumstances, this Court is not inclined to grant bail to the present applicant. 8. Accordingly, the bail application of the applicant – Shahid 6 Quraishi, Eled under Section 483 of the BNSS, involved in Crime No.375/2025, registered at Police Station- Chakarbhata, District – Bilaspur, (C.G.) for the o?ence punishable under Sections 80(2), 3(5) of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. O4ce is directed to provide a certiEed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal