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Judgment
Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order.
The applicants have preferred these First Bail Applications under Section 483 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, they have been arrested in connection with Crime No. 120/2026 registered at Police Station Chhura, District Gariyaband (C.G.) for the offence under Sections 108 and 3(5) of Bhartiya Nyaya Sanhita.
Case of the prosecution, in brief is that Santosh Kumar Dhruw, who was the husband of applicant - Mamta Bai Dhruw committed suicide by hanging himself in forest on 14.06.2026. On the basis of said information, the Merg No. 34/2026 under section 194 of BNSS was registered and during merg investigation, a suicidal note was recovered and on the basis of suicidal note, the offence U/s 108, 3(5) of BNS has been registered against the applicants, namely, Mamta Bai Dhruw and Chumman Kumar Dhruw in FIR No. 120/2026.
Learned counsel for the respective applicants submit that there is no nexus between the suicide committed by Santosh Kumar Dhruw and the allegations made against the present applicants. They further submit that applicants never instigated the deceased and ingredients of Section 108 of Bhartiya Nyaya Sanhita are missing. They contend that FIR was lodged after more than 25 days and charge-sheet has not been filed till date. They further contend that applicants – Mamta Bai Dhruw and Chumman Kumar Dhruw are languishing in jail since 21.07.2026 and 22.07.2026 respectively and conclusion of trial is likely to take time, therefore, instant bail applications may kindly be allowed.
On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail applications. He submits that there are allegations to the effect that present applicants were engaged in extramarital affair and they instigated the deceased Santosh Kumar Dhruw to commit suicide. He further submits that these bail applications deserve to be dismissed.
I have heard learned counsel for the parties and perused the case diary.
It appears that when the deceased Santosh Kumar Dhruw learned about the extramarital affair between his wife and Chumman Kumar Dhruw, he became depressed and committed suicide. From a bare reading of the statements of witnesses and the contents of FIR, it is quite vivid that there is no material to establish that present applicants instigated the deceased Santosh Kumar Dhruw into committing suicide. Also considering the fact that the charge-sheets have not been filed in the present cases before the competent Court and the applicants are in jail since July, 2026, conclusion of the trial may take some time, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case.
Let the Applicants – Mamta Bai Dhruw and Chumman Kumar Dhruw, involved in Crime No. 120/2026 registered at Police Station Chhura, District Gariyaband (C.G.) for the offence under Sections 108 and 3(5) of Bhartiya Nyaya Sanhita, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
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.
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.
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.
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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.