1 2025:CGHC:20544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3036 of 2025 Smt. Surajmaniya Choudhary W/o Late Keshwar Prasad Choudhary Aged About 68 Years Resident Of Village- Bilaspur, Police Station And Tahsil- Batauli, District- Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Batauli, District- Surguja (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Smt. Sunita Manikpuri, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 05/05/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 27 of 2025, registered at Police Station Batauli, District Surguja (C.G.) for the offence under Sections 103, 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’). VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.05.05 19:17:00 +0530 2 2. The case of prosecution in brief is that, on 17.01.2025, at about 4:00 PM, there was a dispute between the deceased- Ankit Choudhary, and his cousin brother- Amit Choudhury with respect to the property and removing the soil from their land. At that time, some scuffling started between them and it is alleged that the present applicant assaulted the deceased by a piece of brick on his chest. After about 2-3 hours of the said incident, the deceased- Ankit Choudhary committed suicide by hanging himself in the roof beam of his room. The merg was intimated to the police and in the post-mortem, certain external and internal injuries have been found and the FIR has been registered against the applicant as well as co-accused- Amit Choudhary. The present applicant has been arrested on 26.02.2025 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that there is no exact cause of death that the deceased died due to homicidal death, as he committed suicide in his house, there is no instigation or abetment to commit suicide. The only allegation against the present applicant that when the scuffling was going on between the Ankit Choudhary and Amit Choudhary, the present applicant was also assaulted the deceased by piece of brick, whereas there is no any grievous external injuries found on his body and it is only internal injuries found in the post-mortem report of the deceased, which may have been caused by the scuffling between the Ankit Choudhary and Amit Choudhary. He would further submit that the applicant is a 68-year- old aged lady having disability by one hand and her left hand has been amputated below the elbow. She is in jail since 26.02.2025, 3 final adjudication of the case will take its own time, therefore she may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that there is allegation that she assaulted the deceased by piece of brick by which the internal injuries have been caused to the body of the deceased, which has been also disclosed in the post- mortem report. Therefore, she along with the co-accused Amit Choudhary are responsible for causing injuries to the deceased and the present applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the learned counsel for the parties, considering the nature of allegation, considering the post- mortem report of the deceased and also the allegation against the present applicant, further considering that the applicant is a lady aged about 68 years having disability by one hand, only on the ground of her physical condition and age, as also she being a lady, without commenting anything on merits, I am inclined to release her on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 8. It is directed that the 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, on following conditions:- 4 (i) She 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 her from disclosing such fact to the Court. (ii) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) She shall appear before the trial Court on each and every date given to her by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved