[Cites 4, Cited by 0]
Madhya Pradesh High Court
Kajal Bai vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9231
1 MCRC-13393-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 13393 of 2026
KAJAL BAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Virendra Sharma - Senior Advocate with Shri Jitendra Sharma -
Advocate for the applicant.(through VC)
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
Shri Ritu Raj Bhatnagar - Advocate for the respondent [OBJ].
ORDER
This first 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.25/2026 registered at Police Station-Jharda,
District- Ujjain (M.P.) for offence punishable under Section 108 of the BNS,
2023. Applicant is in judicial custody since 18.02.2026.
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
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in the alleged offence. It is alleged that the applicant used to harass Aneesha
alias Anita over petty domestic issues.There is no allegation that in close
proximity of death, the applicant instigated or goaded or abetted Aneesha
alias Anita(deceased) to commit suicide. No offence, as alleged, is
committed by the applicant. Learned counsel further submits that general and
omnibus allegations of harassment have been leveled against the
applicant. Learned counsel referring to judgment of the Supreme Court in the
case of Gangula Mohan Reddy v. State of A.P., reported in (2010) 1 SCC
750, M. Mohan v. State, (2011) 3 SCC 626 ; 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. The investigation is
almost complete. Further custodial interrogation of the applicant is not
needed in the matter. Applicant has clean past, with family roots. There is no
history of evading process of law. There is no likelihood of tampering with
evidence by the applicant The trial would take time to conclude. Jail
incarceration is causing hardship to the applicant and her dependent family.
Applicant is ready to cooperate in further investigation and the 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
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that no criminal antecedent is reported against the applicant. Applicant is
aged around 40 years. She is a home maker/labourer by profession.
As per the accusation on case diary, Aneesha alias Anita was
married to Sodan Singh in the year 2023. Sapna - sister of Sodan was
married to brother of Annesha. Sodan Singh and Aneesha alias Anita had
shifted to the village Dhabliya to reside with Kajal Bai (maternal aunt-in-law
of deceased), Bhanwarlal(maternal uncle-in-law of deceased), Lakhan and
Prakash(maternal brother-in-laws of deceased). Sodan Singh used to go
outstation to sell blankets. Kajal Bai, Bhanwarlal, Lakhan and Prakash used
to harass Aneesha alias Anita over petty domestic issues in absence of Sodan
Singh. Prakash and Heera went to Village Chakkmed to take Sapna with
them. There was some altercation. They threatened to kill Aneesha, if Sapna
is not sent to her parental home. Next day, Aneesha hanged herself at her
matrimonial home. The relatives of Aneesha alias Anita suspected that
Aneesha has committed suicide due to harassment by Kajal Bai, Bhanwarlal,
Lakhan, Prakash and Heera. On such allegations, the P.S. - Jharda registered
FIR for offence punishable under Section 108 of BNS, 2023. The applicant
was arrested on 18.02.2026. She is in custody ever since. The investigation
is under way. The statement of witnesses have been recorded. Learned
counsel for the State was at loss to show specific allegation against the
applicant that she personally threatened the deceased with dire
consequences, if Sapna is not sent to her house. The contentions advanced by
the applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of the prosecution and complicity of the applicant in
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the alleged offence will be considered after evidence in trial.
As informed, applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedent, considering the socio-economic status of
the applicant, there appears to be no likelihood of recidivism or tampering
with evidence or influencing the witnesses by the applicant. There appears to
be no compelling reason to continue incarceration of the applicant. However,
the observations, herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicant- Kajal Bai shall be released
on bail in connection with Crime, as mentioned in first paragraph of this
order, upon furnishing a personal bond in the sum of Rs 50,000/-(Rupees
Fifty Thousand only) with one surety of the same amount to the satisfaction
of the trial Court, for compliance with the following conditions : (For
convenience of understanding by accused and surety, the conditions of bail
are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the
concerned court;
(1) vkosfndk lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to
any person acquainted with the facts of the case so as to dissuade them/him/her from
disclosing such facts to the Court or to the police officer;
NEUTRAL CITATION NO. 2026:MPHC-IND:9231
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(3) vkosfndk izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
/kedh ;k opu ugha nsxh ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks
izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) vkosfndk izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa
dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309
of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of
witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxhA
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
