The court determines bail eligibility based on the absence of immediate involvement and grave circumstances surrounding the case.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 9 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 44717 of 2025 SMT JYOTI Versus STATE OF M P Appearance:

Shri Navendu Joshi - Advocate for the applicant.

Shri Apoorv Joshi - Govt. Advocate for the respondent/State.

ORDER This first bail application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 216/2025 registered at Police Station- G.R.P., Ratlam, District- Ratlam (M.P.) for offence punishable under Sections 108 and 3(5) of the the BNS, 2023. Applicant is in judicial custody since

08.09.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated in the alleged offence for the reason that the applicant is sister of Laxmi, wife of deceased. Laxmi was residing at her parental home due to matrimonial Signature Not Verified discord with deceased Harish for last 45 days before his death. There was no communication or quarrel in close proximity of death of Harish. No offence, as alleged, is committed by the applicant. Learned counsel referring to judgment of Hon'ble Supreme Court in the case of Sanju @ Sanjay Singh Sengar Vs. State of M.P. reported in AIR 2002 SC 199; Amalendu Pal @ Jhantu Vs. State of West Bengal , reported in (2010) 1 SCC 707, Arnab Manoranjan Goswami Vs. State of Maharashtra and Others reported in 2020(SCC Online) SC 964 and Abhinav Mohan Delkar Vs. State of Maharashtra reported in 2025 INSC 990, contends that mere harassment without any positive proximate action on part of the accused showing mens-rea to abet the suicide does not amount to abetment for suicide or death of Harish. Applicant is a married lady and resident of Indore. She is mother of three children. The investigation is almost complete. Further custodial interrogation of the applicant is not needed in the matter. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in further investigation and trial.

Per contra, learned counsel for the State, ably assisted by learned counsel for the objector, opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, Harish consumed insecticides celphos in the night of 08/07/2025. He called Kuldeep Khandelwal and Kartik. They found Harish vomiting near Railway Signature Not Verified construction shed at Ratlam. Harish was taken to Government Hospital, Ratlam. Harish informed that he had consumed Celphos. Harish succumbed to death next morning around 7:00 am. The dying declaration in the form of videos recorded by Harish in his mobile phone was recovered, wherein he alleged that his sister-in-law Aarti, Jyoti(applicant) and Indra had forcefully taken his wife Laxmi on 25.05.2025. They are not permitting his wife to return to matrimonial home. Laxmi is not returning to live with him. He has consumed Celphos feeling aggrieved by harassment of Aarti, Jyoti and Indra.. On such allegations, the Police Station - GRP, Ratlam registered FIR for offence punishable under sections 108 and 3(5) of the BNS, 2023 against Laxmi, Aarati, Jyoti, Indra, Deepak Sen and Gulab bai. The statement of the witnesses were recorded. They also alleged that there was matrimonial discord between deceased Harish and his wife Laxmi. Aarti, Jyoti and Indra, sister-in-laws of deceased Harish, had quarrel with Harish and took Laxmi to her