Chhattisgarh High CourtCriminal LawCriminal Procedure and Evidence

Husband’s Brother Gets Bail In Alleged Dowry-Death Case As Chhattisgarh HC Cites Parity With 5 Co-Accused And Trial Delay

MUKESH DAS MAHANTv.STATE OF CHHATTISGARH

Husband’s Brother Gets Bail In Alleged Dowry-Death Case As Chhattisgarh HC Cites Parity With 5 Co-Accused And Trial Delay. MUKESH DAS MAHANT vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

1. Whether the appellant should be released on bail, having regard to the bail granted to co-accused, the period of custody, and the likely duration of the trial.

The court held

The Court allowed the appeal and set aside the impugned order dated 21 August 2026.

It also directed

It directed that the appellant be released on bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the Trial Court, and required him to appear before that Court as directed.

01Facts

The appellant was prosecuted in connection with the death of Kajal Bhardwaj, his sister-in-law, who died after consuming poison.

¶ 2

The prosecution alleged that the appellant and other members of her in-laws’ family harassed her over dowry and her Scheduled Caste status.

¶ 2

The appellant was charged under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).

¶ 2

He appealed under Section 14-A(2) of the SC/ST Act against the Special Judge’s order dated 21 August 2026.

¶ 1

He relied on the grant of bail to five co-accused, the absence of specific allegations against him in the deceased’s parents’ testimony, his custody since 18 February 2026, and the anticipated length of the trial.

¶ 3

The State opposed bail; the complainant/victim did not appear despite notice.

¶ 4–5

02Issues

i.1. Whether the appellant should be released on bail, having regard to the bail granted to co-accused, the period of custody, and the likely duration of the trial.

¶ 3, 7

ii.2. Whether the appeal under Section 14-A(2) of the SC/ST Act should be allowed and the challenged order set aside.

¶ 1, 8

03Law Applied

Section 14-A(2) of the SC/ST Act provides the procedural basis for an appeal against an order of the Special Court or Exclusive Special Court.

¶ 1

In deciding whether to grant bail, the Court considered the circumstances identified in this case: parity with co-accused already released on bail, the period of detention, and the likelihood that the trial would take time to conclude.

¶ 7

Provisions in the judgment · 2 · Linked ones open on LawLens

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3

Bharatiya Nyaya Sanhita, 2023 Section 80

04Reasoning

The Court considered that five co-accused had already been granted bail, that the appellant had been in custody since 18 February 2026, and that the trial was likely to take time.

¶ 3, 7

On those circumstances, and without expressing any opinion on the merits, it found release on bail appropriate.

¶ 3, 7

The State’s opposition did not alter that assessment.

¶ 4

05Holding

The Court allowed the appeal and set aside the impugned order dated 21 August 2026.

¶ 8

It directed that the appellant be released on bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the Trial Court, and required him to appear before that Court as directed.

¶ 9
Chhattisgarh High Court

Original Court PDF

MUKESH DAS MAHANTvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · November 05, 2026

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