2025:CGHC:19195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2760 of 2025 1 - Smt. Phoolmani Patle W/o Vijay Patle Aged About 45 Years 2 - Vijay Patle S/o Shri Balaram Patle Aged About 59 Years Both R/o Village Sagounadih, Police Station- Pandariya, District- Kabirdham (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station- Pandariya, District Kabirdhaam (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicants : Shri Amit Kumar, Advocate For Respondent/State : Shri Neeraj Sharma, Dy AG ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28.04.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicants for grant of regular bail. 2. The applicants were arrested on 27.11.2024 in connection with Crime No.394 of 2024 registered at PS- Pandariya, District- Kabirdham, CG for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 103(1) of the Bhartiya Nyay Sanhita, 2023. Mcrc 2760 of 2025 2 3. Case of the prosecution in brief is that on 23.11.2024, husband of the deceased Umashankar Patle assaulted the deceased by lathi, by which she received multiple injuries, and ultimately, died on 26.11.2024 during the treatment. The deceased herself lodged report to the Police on which FIR has been registered, and the applicants who are Mother-in-law, and Father-in-law of the deceased have also been made accused and they were arrested. 4. Learned counsel for the applicants would submit that present applicants are Mother-in-law, and Father-in-law of the deceased, and only allegation against them is that they instigated husband of the deceased for performing 2nd marriage by which husband of the deceased enraged and assaulted the deceased by lathi. There is no allegation that they also made any assault to the deceased. Applicants are in jail since 27.11.2024, and final adjudication of the case will take its own time. Hence, the applicants may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and he would read over the contents of the FIR which has been lodged by the deceased. 6. Considering the submissions made by learned counsel for the parties, also considering the nature of allegations against the present applicants, and the material collected by the prosecution against present applicants during investigation, further considering contents of the FIR, in which there is no allegation of assault made by the present applicants, they only instigated husband of the deceased for 2nd marriage, they are in jail since 27.11.2024, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicants on bail. Mcrc 2760 of 2025 3 7. Accordingly, the bail application filed by the applicants- Smt Phoolmani Patle,w/o Vijay Patle, and Vijay Patle, s/o Shri Balaram Patle, is allowed and they shall be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicants shall also abide by the following conditions: a) that the applicants 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 them from disclosing such facts to the Court or to any Police Officer; b) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. c) that the applicants shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2025.04.29 11:05:52 +0530