1 2025:CGHC:13027 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2195 of 2025 Smt. Leleshwari Sahu W/o Ashok Sahu Aged About 29 Years R/o Village- Loharidih, Police Station And Tehsil- Rengakharkala, District- Kabirdham (C.G.). … Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Rengakhar, District- Kabirdham (C.G.). ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Hemant Kesharwani, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy. A.G. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 19/03/2025 1. This is first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 16.09.2024 in connection with Crime No.63/2024, VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.20 16:11:50 +0530 2 registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Sections 109, 191(2), 191(3), 189(5), 333, 296, 351(3), 287, 324(6), 115(2), 61(2)(a) & 332(b) of BNS, 2023. 2. Brief facts of this case are that one Shiv Prasad Sahu who committed suicide, it was alleged by the applicant side that that the complainants have murdered the Shiv Kumar and hang the body at MP State, over the above allegation on dated 15.09.2024 about 40-50 persons forcefully interred the house of the complainant, set the motorcycle on fire, it was alleged that the present applicant was also there. After completion of the investigation, charge-sheet was filed against the applicant. 3. Learned counsel for the respective applicant submit that the applicant has not committed any offence she has falsely implicated in the present case. He further contended that on perusal of the evidence, it is clear that there is no direct role of the present applicant in crime in question. It is clear that the complainant is unable to disclose the role attributed by the present applicant in crime in question. He further contended that there is no previous antecedent against the applicant, charge- sheet has been filed, applicant is in jail since 16.09.2024 and 3 trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case, further considering that there is no previous antecedent against the applicant, charge-sheets has been filed, the prosecution has not shown that the applicant is trying to tamper the witnesses, applicant is in jail since 16.09.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicant involved in Crime No.63/2024 registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offences as mentioned above, be released on bail on her furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : 4 (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 5 bail and proceed against her 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 Vasant