1 2025:CGHC:22753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4059 of 2025 1 - Smt. Kamodani Bai Bhaina D/o Late Bhagat Singh Aged About 45 Years R/o Nawapara, Saghwani, Chowki - Khodari, Police Station - Gourela, Distt. Gourela-Pendra-Marwahi (C.G.). ... Applicant versus 1 - State of Chhattisgarh, Through- Police Station- Gourela, Distt. Gourela-Pendra-Marwahi (C.G.). ... Respondent For Applicant : Mr. Yogendra Chaturvedi, Adv. For Respondent/State : Ms. Sunita Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09 / 0 6 / 202 5 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing her on regular bail during trial in connection with Crime No. 398/2024 registered at Police Station – Gourela, District – Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Section 103(1) of B.N.S. Digitally signed by HEERA LAL SAHU Date: 2025.06.09 18:04:49 +0530 2 2. The prosecution case, in brief, is that complainant Bhisham Singh Rathore lodged a merg intimation to the effect that on 16.11.2024 at about 5:30 pm, deceased Shanti Bai was sitting before her house and her neighbour Jaipal Singh Rathore was also sitting there, the present applicant who is the step daughter of the deceased came there and started dispute with her saying that they have falsely implicated her brother Trilok Bhaina in a false case and pushed her with force to assault her as result of which deceased fail down and died on the spot. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the offence under Section 103 (1) of B.N.S. is not made out against the present applicant as she has no intention to cause the death of the deceased, and the only allegation against the applicant is that she pushed the deceased, due to which the deceased fell down and died. He further submits that the material witnesses have been examined before the trial Court and they have not supported the case of the prosecution. He also submits that the applicant is in jail since 18.11.2024, and there is no likelihood of her case being decided in the near future, therefore, the present applicant may be released on bail. 3 4. On the other hand, learned counsel for the State opposes the bail application and submits that as per postmortem report the deceased died due to the head injury and only 4 witnesses out of 13 witnesses have been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, she may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that only 4 witnesses out of 13 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to expedite the trial as early as possible. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu