1 2025:CGHC:12332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2048 of 2025 1 - Jayanti Devi W/o Shri Kiran Lal Lahre Aged About 37 Years R/o Village- Raliya, Police Station And Tahsil- Masturi, Distt. Bilaspur (C.G.). 2 - Lata Lahre W/o Late Hirendra Kumar Lahre Aged About 35 Years R/o Village- Raliya, Police Station And Tahsil- Masturi, Distt. Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Masturi, District- Bilaspur (C.G.) ... Non-Applicant For Applicants : Mr. Vivek Kumar Shrivastava, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.03.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 112/2025 registered at Police Station Masturi, District- Bilaspur, (C.G.) for the offence punishable under Sections 221, 296, 109(2), 121, 132, 191(2)(3), 191(4), 125 and 324(4) of the Bhartiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that Y.M. Mehre Raj, Assistant Engineer (SDO) in the ofÏce of the Chief Engineer, Public Health Engineering, Bilaspur, lodged a written report stating that after the completion of voting in the first phase of the Panchayat Election 2025 on 17.02.2025, polling ofÏcials at Polling Booth No. 160, Raliya, were preparing for vote counting at around 9:30 PM. At that time, former Sarpanch Kishore Bhargav, along with his associates, Nandani Lahre, Dhanraj Kurre, Jayanti Lahre, Sushant Lahre, Ayush Lahre, Lata Lahre, Kodau Yadav, Rakesh Patel, Umed Kurre, Manchita Arya, Sonu Lahre, Shiv Narayan Sahu, Rahul Soni, Yash Patre, Lalit Tomar, Udai Tomar, Baiju Soni, Jitendra Soni, Dil Tomar, Dilip Tomar, Kishore Maitri, Sonu Ram Maitri, and Vishnu Sahu allegedly attempted to capture the booth forcibly and entered the polling room. The complainant immediately informed higher authorities, who then alerted the police. After approximately 15–20 minutes, the police arrived at the scene. However, when polling ofÏcials and the police attempted to remove the accused persons from the booth, they allegedly began abusing them, pelting bricks, causing serious injuries, and severely damaging a police patrolling vehicle. Based on the complainant’s report, an FIR has been registered against the accused under Sections 221, 296, 109(2), 121, 132, 191(2)(3), 191(4), 125, and 324(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this offence. He further submits that the applicants had gone to the polling center out of 3 curiosity to check the status of the candidates. There, they get to know that Poonam Shandey, wife of Ramesh Shande and sister-in- law of Sarpanch candidate Rekha Sande, had allegedly concealed some ballot papers in her sari. When candidate agents objected, the police, acting under political influence, started beating bystanders, including minor children. In response, the villagers protested, leading to the police falsely implicating the applicants and others in a fabricated case of booth capturing and attempted murder. He further submits that the incident was also reported in newspapers (Annexure A/2). He also submits that the applicants are in jail since 17.02.2025, have no prior criminal records, and this is their first alleged offence. He further submits that applicant No.1’s two minor children are detained in the Child Observation Home, affecting their education due to the absence of a guardian. A copy of the application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015, is annexed as Annexure A/3. Additionally, on 19.02.2025, Anjali Lahre, daughter of Applicant No.1 and niece of Applicant No.2, filed a complaint (Annexure A/4) with the Chief Executive OfÏcer, Zila Panchayat, Bilaspur, seeking to withhold the Sarpanch election result and register a case against Poonam Sande for her alleged misconduct in collusion with polling ofÏcers and police. The applicants are neither candidates nor involved in vote counting or election results. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the 4 charge-sheet has not been filed in the present case. He further submits that the applicants along with other co-accused persons forcibly entered the polling center of Polling Booth No.160 at the time of counting of votes, tried to do booth capturing and on being restrained by the police force and polling ofÏcers, they started abusing filthily, pelting bricks at them and thereby caused them serious injuries as also badly damaged the patrolling vehicle, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, and further though the fact that the charge-sheet has not been submitted, but the applicants are lady and they are in jail since 17.02.2025, have no prior criminal records, and applicant No.1’s two minor children are detained in the Child Observation Home, affecting their education due to the absence of a guardian, a copy of the application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015, is annexed as Annexure A/3, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicants- Jayanti Devi and Lata Lahre, involved in Crime No. 112/2025 registered at Police Station Masturi, District- Bilaspur, (C.G.) for the offence punishable under Sections 221, 296, 109(2), 121, 132, 191(2)(3), 191(4), 125 and 324(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the 5 satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. If in the opinion of the trial court absence of the applicants are 6 deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan