1 2026:CGHC:20756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1770 of 2026 Umesh Singh Yadav S/o Late Suraj Singh Yadav Aged About 35 Years At Present R/o Green View Colony, Kharipur, Quarter No. C-610, In The House Of Amresh Singh, Police Station Kotra Road, Raigarh, Tahsil and District Raigarh, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Kotra Road, Raigarh, Tahsil and District - Raigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Abhishek Saraf, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.451/2025 registered at Police Station – Kotra Road, Raigarh, Tahsil and District - Raigarh (C.G.) for the offence punishable under Sections 80(2), 3(5) and 238(B) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the deceased, Mrs. Lalita Kumari, was married to the applicant in February 2022 in accordance with social customs. Prior to the marriage, the deceased, upon the demand of her in- PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.05 17:52:26 +0530 2 laws, gave five lakh rupees in cash and a gold chain for the groom, and also sold her ancestral agricultural land. After the marriage, the applicant/accused allegedly demanded a Bullet motorcycle from the deceased, and upon her failure to fulfill the said demand, subjected her to physical and mental harassment. Being fed up with such continuous harassment, the deceased allegedly jumped from a rented six-storey building, sustaining serious injuries. Upon receiving information regarding the death, a case was registered under Section 194 of the BNSS at Police Station Kotra Road against the applicant/accused for offences punishable under Sections 80(2), 3(5), and 238(B) of the BNS, vide Crime No. 451/2025. The co-accused persons have already been enlarged on bail by this Hon’ble Court in M.Cr.C. No. 857/2026. The present applicant is in custody since 05.11.2025, and the charge-sheet has already been filed in the matter. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits the marriage took place in February 2022, and the applicant has a two-year-old son to care for alone at home. Even if the entire charge-sheet is taken at face value, no specific allegations have been attributed to the applicant. Upon a perusal of the entire charge-sheet, it is evident that there are no specific allegations against any individual, rather, only general and vague allegations regarding demand of cash and a motorcycle as dowry have been made. The entire family has been falsely implicated in the present case. The minor child of the deceased, namely Surya Singh Yadav, aged about two years, is presently residing with neighbours, and there is no one at home to look after him. Therefore, the applicant, being the father, deserves to be released on bail. Further, the applicant, being the husband, has no specific allegation against him with 3 regard to demand of dowry soon before the death of the deceased. He is in judicial custody since 05.11.2025, the charge-sheet has already been filed, and the trial is likely to take a considerable time to conclude. He later submits that the co-accused have already been granted bail by this Court passed in MCRC No. 857/2026 vide order dated 27.01.2026. The offences alleged against the applicant are not made out; therefore, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application, submitting that the charge-sheet has already been filed. She further contended that the applicant/accused, Umesh Singh Yadav, who is the husband of the deceased, is alleged to have, in furtherance of a common intention along with his relatives/co-accused, subjected the deceased to physical and mental cruelty on account of demand for a motorcycle as dowry. As a result of such harassment, the deceased, being distressed, allegedly jumped from a six-storey building, causing her death. The offence allegedly committed by the applicant/accused appears to be of a very serious nature. She further contends that the offence is grave in nature, involving the dowry death of a young married woman. It is argued that if the applicant is released on bail, there is a strong possibility that he may influence witnesses and tamper with evidence, therefore, it does not appear just and proper to grant the benefit of bail to the applicant/accused. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant is the husband of the deceased, 4 this Court, upon prima-facie examination of the material available on record, finds that no specific and distinct allegations have been attributed to the present applicant and only general and omnibus allegations regarding demand of dowry have been made against the entire family, it is further observed that there is no suicide note, dying declaration, or eye- witness on record to prima-facie establish instigation or abetment on the part of the applicant, additionally, the co-accused persons have already been granted bail by this Court, it is also noteworthy that the charge-sheet has been filed, the applicant has no previous criminal antecedents, and he is in custody since 05.11.2025, and the trial is likely to take considerable time to conclude, in view of the aforesaid circumstances, this Court is of the opinion that it is a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application is allowed. Let the applicant - Umesh Singh Yadav, involved in Crime No.451/2025 registered at Police Station – Kotra Road, Raigarh, Tahsil and District - Raigarh (C.G.) for the offence punishable under Sections 80(2), 3(5) and 238(B) 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 in accordance with law. (ii) The applicant shall remain present before the trial 5 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 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. 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 Preeti