Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19385
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 460 of 2025 Shivangi Jangade W/o Shri Dharmendra Pratap Jangade Aged About 29 Years R/o Village Chhuhipali, Police Station And Tahsil Dabhara, District Sakti Chhattisgarh
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Dabhara, District Sakti Chhattisgarh
... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Ms. Subha Shrivastava, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 29/04/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:41:17 +0530
2 applicant, who is apprehending her arrest in connection with Crime No.449/2024 registered at Police Station – Dabhara, District Sakti (C.G.) for the offences punishable under Sections 137 (2), 64 (1), 142 Readwith Section 3 (5) of Bhartiya Nyay Sanhita and Section 04 of Protection of Children From Sexual Offences Act.
2. Case of the prosecution, in brief, is that on the written complaint made by the prosecutrix with allegation that the present applicant is wife of co-accused Dharmendra Jangade and sister-in-law of main accused Umendra Jangade and the co-accused Umendra Jangade abducted the prosecutrix as knowing that the prosecutrix is minor and both the prosecutrix and co-accused Umendra resided at the house of husband of present applicant on 11-11-2024. As the further allegation against the present applicant is that, she helped the co-accused for committing the crime with the prosecutrix. During the investigation, the other co-accused persons were arrested and after completion of investigation, charge sheet has been filed before the concerned Court and the present applicant has also implicated in the present case.
3.
Learned counsel for the applicant submitted that only allegation against the applicant is that the victim and the co-accused who was devar of the applicant has stayed one night at the house of the applicant and main allegation is against the co-accused Umendra and in 183 BNS statement of victim she has not stated anything against the present applicant and in 180 BNS statement of victim she has stated that she stayed with the co-accused at the house of
3 applicant. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. Victim appeared through video conferencing from DLSA Janjgir and objected to grant of bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, considering the nature of allegation against the present applicant that the victim and the co-accused who was devar of the applicant has stayed one night at the house of the applicant and main allegation is against the co-accused Umendra, applicant is a lady and case of applicant is distinguishable from the case of the co-accused Umendra, therefore, I am inclined to grant anticipatory bail to the present applicant.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shivangi Jangade, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to
4 dissuade her from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve herself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri