1 2025:CGHC:22193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3991 of 2025 Ankita Anant Khare W/o Chandrmani Khare Aged About 27 Years R/o Late Shri Chunni Lal Anant Village Rasota Tahsil Balocha Dist. Janjgir- Champa (C.G.) R/o At Present Address Ward No. 08 Bangalipara Koriya Chirmiri Dist. Koriya (C.G) ... Applicant versus State Of Chhattisgarh Through Station House Officer, (Sho) P.S.- Sakri, Dist. Bilaspur (C.G) ... Non-applicant For Applicant : Mr. Balraj Gupta, Advocate. For Non- applicant/State : Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 2 236/2025 registered at Police Station Sakri, District-Bilaspur (C.G.), for the offences punishable under Sections 306,34 of the Indian Penal Code[118, 3(5) of the Bhartiya Nyaya Sanhita, 2023]. 2. The prosecution's story, in brief, is that incident took place on 10.06.2021 and the First Information Report was lodged on 17.04.2025. In FIR it was alleged that, deceased Vijay Banjare committed suicide on 10.06.2021 by consuming poison rogor injectivideinee thoat 307 soon thereafter he was taken to Vandana hospital, Sakri for his treatment but during his treatment he died on 19.06.2021 at around 10:44 AM. On 19.06.2021 at 12:00 AM hospital staff informed the incident to the Sakri Police Station and merg and panchnama was prepared by the prosecution. During investigation a suicide note was recovered from the place of incidence in which deceased alleged that due to the harassment by Subhadra Banjare, Raj Thakur and applicant Ankita Anant Khare he committed suicide. By recording the statement of relative of the deceased it is alleged that Ankita alleged that deceased is a fraud person and Raj Thakur was asking for lent money of Rs. 5,000/-. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the applicant has no criminal antecedents. He further submits that other co-accused person, namely, Subhadra Banjare, vide order dated 07.05.2025 in MCRC No. 3559 of 2025, has already been granted bail by this Court. Therefore, he submits that the present applicant is also entitled to be released on bail on the ground of parity. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Subhadra Banjare, vide order dated 07.05.2025 in MCRC No. 3559 of 2025, has already been granted regular bail by this Court. Also considering the fact that the merg information was registered in 2021 and the merg was converted into FIR after four years in 2025, applicant is a lady having one year old child, period of detention of the applicant is since 17.04.2025, the charge - sheet has already been submitted in the present case before the competent Court and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Ankita Anant Khare , involved in Crime No. 236/2025 registered at Police Station Sakri, District Bilaspur (C.G.), for the offences punishable under Sections 306,34 of Indian Penal Code [118, 3(5) of Bhartiya Nyaya Sanhita, 2023], be released on bail on her furnishing personal bond with two sureties each 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 they shall not seek any adjournment on the dates 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 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 them in accordance with law. 5 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - sd/- (Ramesh Sinha) Chief Justice alfiza