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2026:CGHC:6571

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1295 of 2026

Sitaram S/o Hinchha Ram Verma Aged About 44 Years R/o Village-

Belgaum, P.S. And Tahsil- Thankhamaria, District- Bemetara (C.G.)

... Applicant(s)

versus

State Of Chhattisgarh Through Police Station- Thankhamariya

(Khamariya) District- Bemetara (C.G.)

... Respondent(s)

For Applicant(s) : Ms. Sharmila Singhai, Senior Advocate

assisted by Ms. Kanchan Kalwani, Advocate.

For Respondent(s) : Dr. Sourabh Kumar Pandey, Gy. A.G.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

05/02/2026

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 applicant who has been arrested in

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connection with Crime No. 150/2025 registered at Police Station

Thankhamariya (Khamariya) District- Bemetara (C.G.) for the

offence punishable under Sections 137(2), 107, 108, 3(5) of BNS

and Section 84 of Juvenile Justice Act.

2. Case of the prosecution, in brief, is that Police Station

Thankhamariya registered Crime No. 150/2025 on the basis of a

merg intimation bearing No. 19/2025 submitted by Rajesh Kumar,

Peon, C.H.C., Saja, regarding the death of Kavita Verma, wife of

Surendra Verma, resident of Belgaon. The inquest diary was

received from the Deputy Superintendent of Police, Bemetara,

pursuant to which the First Information Report was registered

initially for offences under Sections 137(2), 108 and 3(5) of the

Bharatiya Nyaya Sanhita. It is alleged that co-accused, Surendra

Verma, husband of the deceased, had brought the deceased

knowing her to be a minor, abducted her and subjected her to

physical and mental cruelty, as a result of which she was driven to

commit suicide. It is further alleged that the present applicant

Sitaram and co-accused Aatibai used to harass and taunt the

deceased by stating that she had eloped and come to their house,

thereby causing continuous mental harassment. According to the

prosecution, due to such harassment and cruelty, the deceased

Kavita Verma committed suicide on 30.06.2025 by consuming

poisonous substance. During the course of investigation, offences

under Section 107 of the Bharatiya Nyaya Sanhita and Section 84

of the Juvenile Justice Act, 2015 were also added. After

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completion of investigation, the police arrested the present

applicant along with other co-accused on 23.09.2025. Hence, the

bail application.

3. Learned counsel for the applicant submits that the applicant has

not committed any offence and he has been falsely implicated in

offence in question. She further submits that the present

applicant, who is the uncle of the main accused, Surendra Verma,

has been falsely implicated in the case without any cogent or

reliable evidence. The allegation against him is vague in nature,

merely stating that he used to taunt the deceased by saying that

she had come by eloping. It is a settled principle of law that to

constitute an offence under Sections 107 and 108 of the Bharatiya

Nyaya Sanhita, 2023, there must be clear mens rea and a direct

or active act of abetment. Mere allegations of harassment, in the

absence of any intentional act or instigation, are not sufficient to

attract the offence of abetment of suicide. The prosecution has

failed to demonstrate any direct or proximate act on the part of the

applicant which compelled the deceased to take the extreme step.

4. Learned counsel for the applicant also submits that the material

collected during investigation does not disclose that the applicant

ever abused, threatened, or instigated the deceased to commit

suicide. The implication of the applicant is based solely on the

statements of the parents of the deceased, without any

independent corroboration. A bare perusal of the FIR and the

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charge-sheet clearly indicates that the principal allegations are

against co-accused Surendra Verma, the husband of the

deceased. In these circumstances, the continued detention of the

present applicant is unwarranted, a