1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2850 of 2025 Smt. Rajkumari Agariya W/o Jawahir Agariya Aged About 40 Years R/o Lohartola Jawaharnagar, P.S. Balrampur, District Balrampur- Ramanujganj, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station In-Charge, P.S. Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Mr. Bhupendra Singh, Advocate, & Ms. Sonia Kuldeep, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09.06.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.22/2025 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.09 17:57:36 +0530 2 registered at Police Station Balrampur, District Balrampur- Ramanujganj (CG) for the offence punishable under Sections 103(1), 238 & 3(5) of Bharatiya Nyaya Sanhita (2023). 2. As per the prosecution case, on 17.02.2025, the applicant along with co-accused Sanjay Agariya is alleged to have strangulated deceased Deepa Agariya to death. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant and co-accused Sanjay Agariya. 3. Learned counsel appearing for the applicant submit that the present applicant is the mother-in-law of the deceased and she has been falsely implicated in this case as there is no direct evidence against her. They submit that the applicant has been prosecuted on the basis of memorandum statement and seizure of Saree but the said Saree has not been sent to FSL for examination. They further submit that the applicant is in jail since 25.02.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that charge sheet has been filed, there is no direct evidence against the applicant, she has been prosecuted on the basis of memorandum statement and seizure 3 of Saree but the said Saree has not been sent to FSL for chemical examination and also considering the fact that the applicant is in jail since 25.02.2025 and the trial is likely to take sometime for its final conclusion, without commenting anything on merits of the case, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE