1 2025:CGHC:22636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3258 of 2025 Dashoda Chouhan W/o Bisouha Chouhan Aged About 45 Years R/o Ward No.17 Chamari Badnara, P S Nandghat, Tahsil And District Bemetra, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through PS Nandghat, District Bemetra, Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Madhunisha Singh, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Sanjeev Kumar Sahu, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 17/2025 registered at Police Station : Nandghat, District Bemetra (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(3) and 3(5), 109(1), 324(2) of the Bharatiya Nyaya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sanhita (for short ‘BNS’). 2. The earlier bail application was dismissed as withdrawn by this Court vide order dated 11.04.2025 passed in MCRC No. 1801 of 2025, on the ground that during the course of investigation Sections 109(1) and 324(2) of the BNS were subsequently been added against which, she has filed applications for grant of bail before the trial Court and the same have been rejected, hence the present bail application. 3. Case of the prosecution, in brief, is on the complainant, Komal Singh Chauhan, lodged a complaint at Nandghat Police Station, alleging therein that on 07.02.2025, he was sitting in the courtyard of his house when Gangoo Chauhan from the village drove his pickup vehicle (CG-04-PX-9058) and parked it near Mohit Chauhan's house. Around 9 P.M., his brother Khem Singh Chauhan returned home from village Badnara, parked his motorcycle, and was opening the door when Gangoo Chauhan reversed his vehicle recklessly and damaged the motorcycle. When their father came out and advised Gangoo Chauhan to drive carefully, Gangoo Chauhan and his associate Lallu Nishad got out of the vehicle, started abusing them with filthy language, and began assaulting their father and brother with bamboo sticks. Gangoo's mother, Dashoda Bai, also joined in, armed with a bamboo stick, and assaulted Komal Singh's mother, Jethiya Bai. The altercation resulted in serious injuries to Kumar Singh Chauhan (father), Khem Singh Chauhan (brother), and minor injuries to Komal Singh's mother. Lallu Nishad also threatened to kill them and assaulted 3 Komal Singh with a stick. Based on the complaint, a case was registered against the accused at Nandghat Police Station, District Bemetara (Chhattisgarh), under Crime No. 17/2025 for offenses under Sections 281, 296, 351(3), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation Sections 109(1) and 324(2) were subsequently added due to the severity of the crime. The accused were arrested on 19.02.2025. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in offence in question. She further submits that applicant is a woman and is mother of co-accused, namely, Gangoo Chauhan, who alonwith another co-accused, namely, Lallu Nishad had committed the said offence. She also submits that the applicant is breadwinner of her family and her arrest and custody severely jeopardize her livelihood. Lastly, the applicant is in jail since 19.02.2025, she has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 6. Learned counsel for the objector submits that applicant alongwith her son, namely, Gangoo Chauhan and one Lallu Nishad had assaulted the complainant and his family members, the said altercation resulted in serious injuries to Kumar Singh Chauhan 4 (father), Khem Singh Chauhan (brother), and minor injuries to Komal Singh's mother, further co-accused, Lallu Nishad threatened to kill them and assaulted Komal Singh with a stick, therefore, she is not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. From perusal of the record, it transpires that the first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 11.04.2025 passed in MCRC No. 1801 of 2025, on the ground that during the course of investigation Sections 109(1) and 324(2) of the BNS were subsequently been added, so far as this bail application is concerned, through the allegation against the applicant that she alongwith her son, namely, Gangoo Chauhan and one Lallu Nishad had assaulted the complainant and his family members, which resulted in serious injuries to Kumar Singh Chauhan (father), Khem Singh Chauhan (brother), and minor injuries to Komal Singh's mother, but considering the fact that applicant is a lady and mother of one of the co-accused persons, her case is distinguishable from that of the co-accused persons, further charge-sheet has already been filed in the present case before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let the Applicant - Dashoda Chouhan, involved in Crime No. 17/2025 registered at Police Station : Nandghat, District Bemetra (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(3) and 3(5), 109(1), 324(2) of the BNS, be released on bail on 5 her furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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 charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance 6 forthwith. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil