1 2025:CGHC:22290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3525 of 2025 1 - Meena Kumari Sahu W/o Gaurishankar Sahu, Aged About 36 Years, R/o Village - Sonadula, Thana -Bilaigarh, District Sarangarh-Bilaigarh (C.G.), (Relation Correctly Mentioned) ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, P.S. -Bilaigarh, District Sarangarh-Bilaigarh (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Chandresh Shrivastava, Advocate. For State/Non-applicant : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 22-05-2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21- 12-2024 in connection with Crime No.343/2024 registered at P.S. - Bilaigarh, District - Sarangarh-Bilaigarh, Chhattisgarh for the offence under Section 103(1) of Bhartiya Nyaya Sanhita (in short ‘BNS’). 2. The case of prosecution is that, on 07-11-2024 deceased Premlal was admitted at Baghel Hospital, Shivarinarayan for his treatment. The MLC intimation was given by the Baghel Hospital to the police with respect to suspected poisoning and then the police started enquiry and the dying declaration of deceased Premlal was recorded on 09-11-2024 in which he stated that present applicant had administered poison through the milk. The deceased Premlal was subsequently shifted to Shreyansh Hospital, Raipur on 10-11-2024 and ultimately shifted to Digitally signed by MOHAMMAD AADIL KHAN 2 Mekhara Hospital, Raipur on 12-11-2024 where he died on 12-11-2024 at about 09:00 p.m. itself. The merg was intimated from the Mekahara Hospital, Raipur and then after recording merg intimation and postmortem, the FIR has been registered against the present applicant for the offence under Section 103(1) of BNS and she has been arrested on 21-12-2024 and after due investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that from the statement of the witnesses as well as the material collected during the investigation it reveals that the date of suspected poisoning is 02-11-2024, whereas, the deceased was admitted in the hospital on 07-11-2024, it could not be possible that if the poison was administered to a person he could survive for about five days without any treatment. He would further submit that the alleged extra judicial confession made by the applicant before the witnesses are afterthoughts as all of them are relatives of the deceased. The poison tube as well as bucket has been seized from the house accessible to other inmates of the house. The motive which has been projected by the prosecution to commit murder of the deceased is also doubtful as applicant might not have any grudge against the deceased as the deceased is her father-in-law and she used to reside in her matrimonial house and her husband had gone to Delhi to earn his livelihood. He would further submit that it is alleged that the applicant made the extra judicial confession through the mobile phone when the deceased was admitted in the hospital on 07-11-2024 which is a very weak type of evidence and there is no voice sample or voice frequency test conducted by the prosecution to prove that it was the voice of the present applicant. The applicant is a lady and in jail since 21-12-2024 and the 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/non-applicant opposes the bail application and has submitted that in the dying declaration of the deceased he raised allegation upon the applicant, on her memorandum statement the bucket and poison tube has been recovered from her house and there are statements of extra 3 judicial confession made by her through mobile phone. Therefore, there are sufficient evidence against the applicant and she 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 learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the nature of evidence available in the charge sheet and further, that the date of suspected poisoning is 02-11-2024 whereas the deceased admitted in the hospital on 07-11-2024 and prior to that there is no evidence that he was being treated by any other hospital, further considering the overall material available in the charge sheet and further that she being a lady and is in jail since 21-12-2024 and that the final adjudication of the case will the its own time, without commenting anything on merits of the case I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- (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 him/her from disclosing such facts to the Court ; (ii) She shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial unless her personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil