1 2025:CGHC:11995 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2000 of 2025 Sukaliya Bai Wd/o Shivprasad Sahu Aged About 35 Years R/o. Village- Loharidih, Thana And Tahsil - Rengakharkala, Distt- Kabeerdham (C.G.) ... Applicant versus The State Of Chhattisgarh Through Sho, Police Station- Rengakhar, Distt.- Kabeerdham (C.G.) ... Respondent For Applicant : Mr.Samir Singh, Advocate For Respondent/State :Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11.03.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as she has been arrested in connection with Crime No.65 of 2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Section 103(1), 130(2), 238(a), 191(2), 191(3), 189(4)(5), 332(a),324(6),287, 310(3), 326(g), 61(2)(a) and 115(2) of BNSS, 2023. 2 2. Brief facts of this case are that, complainant has lodge the report that on 15.09.2024 against 40-50 persons alleging that at about 10:00PM when he and his brother went to hospital and their mother Jago Bai was in the house, at that point of time, the villagers came by breaking and opened the door and committed loot of household articles and thereby set the motorcycle on fire upon which police has arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicant contended that, the applicant is innocent and she has been falsely implicated in the alleged crime, she has not committed any offence as alleged against him. The present applicant is in jail since 16.09.2024. The applicant is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to 3 the fact that the applicant is in jail since 16.09.2024. This court is in favor of granting bail to the applicant. 7. Let the applicant involved in Crime No.64/2024, registered at Police Station- Rengakhar, district Kabirdham (C.G.) for the aforementioned offence, be released on bail on her furnishing a personal bond for a sum of Rs. 10,000/- with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings 4 against him, in accordance with law, under Section 209 of BNS, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza