Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:19151
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2662 of 2026 1 - Rajkumari Shriwas W/o Shri Ashok Kumar Aged About 49 Years, 2 - Ashok Kumar Shriwas S/o Tiharu Shriwas Aged About 53 Years, Both R/o Vill- Nariyara P.S. Mulmula Dist- Janjgir-Champa (C.G.)
... Applicants versus State Of Chhattisgarh Through- S.H.O. P.S. Mulmula Dist- Janjgir- Champa (C.G.) ... Respondent For Applicants : Shri Ravindra Sharma, Advocate. For Respondent/State : Ms. Rititika Verma, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 25/04/2026
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 applicants who have been arrested in connection with Crime No.36/2026 (Wrongly mentioned as 36/2025 in some parts of the impugned order) registered at Police Station Mulmula, Dist-Janjgir-Champa (C.G.) for the offence GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.25 19:34:01 +0530
2 punishable under Sections 80, 3(5) of BNS Act.
2. Case of the prosecution, in brief, is that complainant A.S.I. P.S. Mulmula conducted the Marg inquiry of Marg No. 02/2026 upon the information of death of deceased Smt. Jagriti Shriwas by consuming pesticide, that during the Marg inquiry recorded the statement of the witnesses who are the maternal family members of the deceased, wherein it is disclosed that the deceased Smt. Jagriti Shriwas was married to son of the present applicants Mahesh Shriwas on 11.07.2024 and due to demand of dowry, the present applicants and her husband used to mentally and physically harass her due to which she has consumed pesticide namely Zura on 08.12.2025 at her home Vill-Naryara, that the victim was taken to the hospital where she was declared dead, therefore the complaint was lodged against the present applicants and husband Mahesh Shriswas. On the basis of Marg intimation, Police Station Mulmula registered the Crime No. 36/2026 for the alleged offences punishable U/s 80, 3(5) of BNS Act and arrested the applicants on 10.02.2026. Hence this bail application.
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Learned counsel for the applicants submitted that the applicants are the mother-in-law and father-in-law of the deceased and only general allegations have been made against them for demand of dowry. It is further submitted that there is no eye witness account, no dying declaration of the deceased to show that any specific allegations have been against them. He would submit that marriage is of the year 2024 and husband of the deceased is
3 already in jail. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 10/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would further submit that FSL report is still awaited, cause of death of the deceased is poisoning and there is no eye witness account & no dying declaration of the deceased. 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, submission of learned counsel for the parties, materials available on record, further the fact that the applicants are the mother-in- law and father-in-law of the deceased and only general allegations have been made against them for demand of dowry, further there is no eye witness account, no dying declaration of the deceased, period of detention of the applicants since 10/02/2026, charge sheet has been filed, case of the applicants is distinguishable from the case of the co-accused and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicants are entitled to be released on bail in this case. 4
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7. Accordingly, the bail application is allowed and it is directed that the Applicants- Rajkumari Shriwas & Ashok Kumar Shriwas, involved in Crime No.36/2026 (Wrongly mentioned as 36/2025 in some parts of the impugned order) registered at Police Station Mulmula, Dist-Janjgir-Champa (C.G.) for the offence punishable under Sections 80, 3(5) of BNS Act, be released on bail on each of them furnishing a personal bond with two sureties 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 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 their 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 fails to appear before the court on the date fixed in such
5 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. 8. 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
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