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2025 DAILYLAW 18975 (CHH)

RAZIA BEGAM v. STATE OF CHHATTISGARH

MCRCA/595/2025 · 2025-04-29

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Judgment text

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1 2025:CGHC:19394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 595 of 2025 1 - Razia Begam W/o Rajjab Khan Aged About 36 Years R/o Ward No. 14 Subhas Ward, Thana And Tahsil Tilda Nevra, District Raipur Chhattisgarh. 2 - Rajjab Khan S/o Majid Khan Aged About 44 Years R/o Ward No. 14 Subhas Ward, Thana And Tahsil Tilda Nevra, District Raipur Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh Through Thana Prabhari Tilda-Nevra District Raipur Chhattisgarh. ... Non-applicant For Applicants : Mr. Kalesh Ram, Advocate For State : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 62/2025, registered at Police Station – Tilda-Newra, 2 District – Raipur (C.G.) for the alleged commission of offence punishable under Sections 318(4), 3(5)of the BNS. 2. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that there is no evidence to connect the present applicants to connect the aforesaid offences. He also submits that the submitted that the applicant No.1 is the 36 years old lady. therefore, he prays for grant of bail. 3. On the other hand, the learned State counsel opposes the bail application and submits that looking to the aforesaid offences, they are not entitled for grant of bail. 4. I have heard learned counsel for the parties and perused all of the documents available on record. 5. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant No.2, this Court is of the opinion that is not a fit case to grant anticipatory bail to the applicant No. 2. Accordingly, this bail application of applicant No.2 – Rajjab Khan involved in Crime No. 62/2025, registered at Police Station Tilda-Newra, District – Raipur (C.G.) for the offence punishable under Section 318(4), 3(5) is rejected at this stage. 6. Whereas the fact that the applicant No.1 is a lady aged about 36 years old lady, and there is no any specific allegations made against her, and hence, this Court is of the view that the 3 applicant No.1 is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Rajiya Begum on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 dissuade him 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 him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali