Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22071
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2630 of 2025 1 - Santoshi Painkara W/o Kamal Singh Painkara Aged About 35 Years R/o Village- Saraimuda, Ps- Lailunga, District Raigarh, (C.G.)
... Applciant(s) versus 1 - State Of Chhattisgarh Through Officer-In Charge Police - Station- Lailunga, District Raigarh, (C.G.)
... Respondent(s) For Petitioner(s) : Shri Ashutosh Mishra, Advocate For Respondent/State : Shri Ajay Pandey, Govt. Adovocate
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 15/05/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as she is in custody in connection with Crime No. 79/2024 registered at police station Lailunga, District Raigarh (CG) for the offence punishable under Sections 302, 201 and 34 IPC.
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2. As per prosecution case, on 16.01.2024, some altercation took place between the applicant and her sister ie. the co-accused Pooja Painkara and in the scuffle the applicant threw her four months infant on the ground and he died. After investigation, the police arrested the applicant.
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Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the applicant had no ill will to commit the offence and there is no evidence to show that the involvement of the applicant. He submits that the material witnesses have been examined and they have not stated anything against the applicant and had turned hostile. Lastly, he submits that the applicant is in jail since 17.01.2024, the charge sheet has been filed and the trial will take time to conclude thus he would pray for grant of bail.
4. On the other hand, learned counsel for the State opposes the bail application.
5. I have heard counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case in particular the fact that she is in detention from 17.01.2024; the material witnesses to the incident have been examined and they have not supported the case of prosecution and charge sheet has been filed, I am inclined to allow this application. Accordingly, the application filed under Section 483 of the BNSS by the applicant for grant of regular bail is allowed.
8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the concerned Trial Court, the applicant shall be released on bail, on following conditions :-
3 (i) she 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 her from disclosing such fact to the Court, (ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial, (iv)She shall not involve herself in any offence of similar nature in future.
9. The observation made in the course of this order are only for considering the case of applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observation made in the course of this order. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.05.16 11:16:22 +0530