1 2025:CGHC:23571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4396 of 2025 Luzina Khan D/o Shri Abdul Wahid Aged About 30 Years R/o Near Raipur Bakery, Baijnathpara, P.S. City Kotwali, Raipur, District - Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Civil Line, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Maneesh Sharma, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.06.2025 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. 216/2025 registered at Police Station : Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Section 152, 197 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, on 11.05.2025, the complainant, Vikram Kewlani, lodged a written complaint alleging ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.14 12:08:41 +0530 2 that on 07.05.2025, he saw an Instagram post by the accused, in which she criticized Operation Sindur, stating it was for political gain and also described it as a random attack on innocent children and citizens of Pakistan, aimed at garnering appreciation in the country. Thereafter, she was summoned to the police station, and the police, after determining that the post caused disharmony in the community and endangered the unity and integrity of the country, registered the offence and arrested her. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the applicant has no intention to cause disharmony in the community or to do any ct endangering unity and integrity of the Country. He also submits that in fact when the applicant felt that her post is misunderstood and causing discomfort to some, she immediately deleted the same and had apologized for any discomfort cause by her post and had further praised the Indian Armed Forces. He also submits that the present applicant has no criminal antecedents and she is in jail since 12.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 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 before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstances of the case, as the present applicant being a lady has no criminal antecedents, further, the charge-sheet has been submitted before the competent Court in the present case and she is in jail since 12.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Luzina Khan, involved in Crime No. 216/2025 registered at Police Station : Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Section 152, 197 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her furnishing a personal bond with two sureties in the like amount 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. 4 (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. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek