1 2025:CGHC:23784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3937 of 2025 Urmila Bai Kathle W/o Dhannu Kathe, Aged About 36 Years R/o Pataidih,police Station - Pachpedi, District - Bilaspur (C.G.) ... applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Pachpedi, District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non- applicant/State : Mr. Satish Gupta, Govt. Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board 13.06.2025 1. This is the Second 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.359/2024 registered at Police Pachpedi, District Bilaspur (C.G.), for the offences punishable under Sections 103(1) and 3(5) of BNS, 2023. 2 2. The prosecution's story is such that the applicant along with other co-acused persons have committed an offence punishable under Section 103(1) and 3(5) of the Bharatitya Nyaya Sanhita, 2023 by causing grievous injuries to the deceased by an iron rod in the club. Charge sheet has already been filed and the case is pending before the learned Seventh Additional Sessions Judge, Bilaspur, District Bilaspur, Chhattisgarh. 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 report and statements of the witnesses the present applicant has no role attributed in crime in question and the first information report was also registered against Dhannu Kathle and Suresh Kathle but subsequently the present applicant has been implicated in crime in question, though in the entire record no role attributed by her which shows that entire investigation is vitiated. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 4. On the other hand learned State counsel opposes the bail 3 application of the present applicant and submits that the charge-sheet has already been submitted in the present case and the trial is going on. 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 it is clear that there is no recovery made from the present applicant. Her name is also not reflected in the FIR. Moreover the role of the applicant in the crime in question is not specific/clear. Therefore, this Court is of the view that the present applicant is entitled to be released on bail. 7. Let the present applicant , involved in Crime No.359/2024 registered at Police Pachpedi, District Bilaspur (C.G.), for the offences punishable under Sections 103(1) and 3(5) of BNS, 2023, be released on bail on his 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 they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default 4 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 5 (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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - sd/- (Arvind Kumar Verma) Judge alfiza