1 2025:CGHC:14727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2443 of 2025 1 - Ranjeeta Sheel W/o Palash Sheel Aged About 40 Years R/o - Village - P.V. - 20, Baikunthpur, Police Station - Gondahur, Tahsil - Pankhanjure, District- Uttar Bastar Kanker (C.G.) ...Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, Police Station - Gondahur, District- Uttar Bastar Kanker (C.G.) ---Respondent For Applicant : Mr. Shivendu Pandya, Advocate. For Respondent : Ms. Sunita Manikpuri, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 27/03/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 14/2024 registered at Police Station Gondahur, District Uttar Bastar Kanker (C.G.), for the offence punishable under Sections 103(1)/3(5), 238 of B.N.S. and 25/27 Arms Act. 2. The allegation against the present applicant as per the prosecution case is that, complainant Nitesh Sheel lodged a merg intimation to effect that the deceased Abhay Sheel was missing on 14.08.2024 from his house and the dead body of the deceased Abhay Sheel was lying in the agriculture field of Prabhash Sarkar and further the complainant Digitally signed by JYOTI JHA Date: 2025.03.28 11:48:11 +0530 2 anticipated that some unknown person was assaulted the deceased by sharp edge weapons on which he died. On the date of incident i.e. on 14.08.2024 at about 07:00 P.M., some quarrel was taken place in the house of present applicant between the deceased Abhay Sheel and Palash Sheel who is father of the deceased and when the deceased come home, the main accused Palash Sheel (father) followed him and assaulted him by sharp weapons in the head of the deceased. Due to which the deceased died on spot. On this act of the accused/applicant along with co-accused, the complainant Nitesh Sheel lodged a report to the police station – Gondahur, District Uttar Bastar Kanker (C.G.) On the said report of the complainant, the police registered the offence punishable under Section 103(1)/3(5), 238 of B.N.S. and 25/27 of Arms Act. the present applicant has been arrested on 17.08.2024. 3. It has been argued by the learned counsel for the applicant that on the basis of memorandum of the main accused, the present applicant has been arrested by the police and there is no role played by the applicant in commission of the offence and the applicant is in jail since 17.08.2024, hence he prays that the applicant be enlarged on bail. 4. Learned Panel Lawyer, appearing for the State however opposed the bail application 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly gravity of offence and the role played by the applicant in commission of offence and also considering the fact that on the basis of memorandum of the main accused, the present applicant has been arrested, further the trial is 3 likely to take sometime for its conclusion and the applicant is in jail since 17.08.2024, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ranjeeta Sheel, involved in Crime No. 14/2024 under Sections 103(1)/3(5), 238 of B.N.S. and 25/27 of Arms Act, in Police Station Gondahur, District Uttar Bastar Kanker Chhattisgarh, be released on bail on his furnishing a personal bond with one surety in the like amount 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 their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 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 against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 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 4 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 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 send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti