'Probe still on forensic reports awaited' HC denies bail to ex-judge Giribala in Twisha death case

Jabalpur, Nov 4 (PTI) The Madhya Pradesh High Court has rejected the bail plea of former district judge Giribala Singh in connection with the alleged suicide of her daughter-in-law Twisha Sharma, citing ongoing investigations and pending forensic reports.

The order was passed by a single bench of Justice Ajay Kumar Nirankari following the conclusion of arguments by the defence and prosecution counsels on October 26, and uploaded late on Wednesday, according to advocate Anurag Shrivastava, who represents the victim's family.

Singh, 64, a former member of the judiciary, is implicated in a high-profile case involving allegations of abetment to suicide and dowry harassment surrounding the death of Sharma, a former model and actor.

Refusing relief to the former judge, Justice Nirankari observed, "Considering the overall facts and circumstances of the case, the nature and gravity of the allegations, the material collected during investigations, the circumstances immediately preceding the death of the deceased, the CCTV footage, the post-mortem reports and….this court is not inclined to enlarge the applicant on bail at this stage."

The case stems from an FIR registered by the CBI under various sections of the Bharatiya Nyaya Sanhita (BNS) alongside provisions of the Dowry Prohibition Act.

Sharma had married Singh's son, advocate Samarth Singh, on December 9, 2025, after meeting him on an online dating application earlier that year.

In its 23-page order, the high court observed that the digital transcripts, WhatsApp conversations depicting severe mental distress and suffocation, the sequence of events on the night of the incident, and the subsequent conduct of the accused necessitate a thorough trial.

According to the prosecution, Sharma was subjected to continuous mental cruelty, surveillance, and harassment regarding her professional background. Tensions escalated after she underwent a medical termination of pregnancy in April 2026, following disputes over her husband's alleged drug addiction and questioned paternity.

On the night of May 12, 2026, Sharma was found hanging at her matrimonial home and was taken to AIIMS Bhopal, where she was declared dead on arrival. Two separate post-mortem examinations, including one by a medical board at AIIMS New Delhi, confirmed the cause of death as asphyxia due to ante-mortem hanging, which was suicidal in nature.

Seeking bail, senior counsels representing Singh, arrested in May-end, argued that she was innocent, claiming electronic communications primarily pointed toward grievances against her son and further submitted medical records indicated Sharma suffered from depression related to personal substance use, and noted that Rs 7.5 lakh had been transferred into the victim's account by the family.

Citing Supreme Court precedents, the defence contended that "clear mens rea" (direct intention to abet) is essential to establish an offence under abetment laws, arguing that mere harassment does not suffice.

They added that Singh, being 64 years old, had fully cooperated with the probe and posed no flight risk.

Opposing the bail plea, counsels for the CBI, the Madhya Pradesh government, and the victim's family presented digital evidence, including WhatsApp messages sent by Sharma hours before her death, and the records detailed alleged physical aggression by her husband following disputes over domestic issues and pressure to transfer equity investments into a foreign financial scheme.

The prosecution also relied on CCTV footage from the premises showing the sequence of events involving the family members shortly before and after the incident.

Addressing the arguments, Justice Nirankari noted that the element of mens rea could not be viewed in isolation at the bail stage, particularly given the digital transcripts reflecting severe mental distress and the sequence of events.

The court underscored that key forensic reports from the Central Forensic Science Laboratory (CFSL) in New Delhi, including data extractions from the victim's mobile phone and digital video recorders, remain awaited, making bail inappropriate at this stage.

Talking to PTI Videos, CBI lawyer Suyash Mohan Guru said, "The High Court has rejected Giribala Singh's bail plea. It analysed all the facts. The CBI responded to all the grounds raised by the petitioner (for bail). The CBI said two items were under investigation: Twisha Sharma's primary phone and the home DVR (Digital Video Recorder). The HC's decision was based on the entire sequence of events in the case."

"The entire sequence of events in this case shows attempts were made to tamper with the evidence from the beginning. The court did not rule out that possibility, and this was also our argument," Guru added.

(This story has not been edited by THE WEEK and is auto-generated from PTI)