Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38463 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4893 of 2025 Laxmi Bai W/o Narendra Ram Aged About 55 Years Caste Raitya, R/o Village Kandora, P.S. Kunkuri District - Jashpur Chhattisgarh
... Applicant versus State of Chhattisgarh through Station House Officer Police Station Duldula, District - Jashpur (C.G.)
... Respondent For the petitioner : Mr. Manoj Chauhan, Advocate For the State : Mr. Pranjal Shukla, Panel Laywer. (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 04.08.2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 62/2024 registered at Police Station Duldula District Jashpur, Chhattisgarh for the offences under Sections 173(2), 87, 64(2)(d), 61(2), 108, 238 of BNSS and Sections 4 & 6 of the POCSO Act. 2(i). The prosecution case is that the father of victim girl lodged a report that on 09.08.2024 the present applicant Laxmi Bai along- with her two sons namely Hemant Pradhan (main accused) and Nitesh instigated the victim girl to commit suicide by calling her “Kali A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.08.05 15:24:31 +0530
2 Ho” and saying that she should not marry with her son Hemant Pradhan, due to which, the victim committed suicide by hanging herself. It is further alleged that on 10.08.2024, all the accused persons concealed the dead body of victim and buried it in the field of their village Mahuatoli. 2(ii). According to the statement of complainant (P.W.1), his daughter had gone to her brother-in-law’s house as a guest where the accused Hemant Pradhan kidnapped his daughter and took her away to his house in the same village. When his daughter was not found, he and his son-in-law filed a missing report of his daughter, on which, the police started investigation and informed him that accused Hemant Pradhan has taken his daughter to Hyderabad. Thereafter, the police informed him that his daughter has been found. Immediately when he came to Police Station, the police informed him that accused Hemant Pradhan had killed and buried his daughter.
3.
Learned counsel for the applicant submits that the applicant is a lady of 50 years of age and only on the memorandum statement of her son Hemant Pradhan who is the main accused, she has been inculpated. He further submits that there is no incriminating evidence against the applicant to connect her with the crime in question and she was arrested only on suspicion. He further submits that the applicant is aged about 50 years of age and is in jail since 10.12.2024 and till date out of 36 witnesses, only one witness has been examined and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and the marriage of victim with the main accused Hemant Pradhan was opposed by the applicant and other accused as the victim’s skin was in black complexion and further due to severe mental humiliation and torture caused by them, the victim took a drastic step by committing suicide and thereafter to conceal the fact, all the accused buried the dead body in a field. He submits that at the instance of main
3 accused Hemant Pradhan, the dead body was recovered and on his memorandum, the applicant was arrested.
5. On 17.07.2025, the father of the deceased girl appeared through VC from the concerned DLSA and objected to bail.
6. Having considered the submissions made by learned counsel for the parties and the nature of allegations levelled against the applicant who is mother of main accused, without observing anything on merits of the case, I am inclined to release the applicant on regular bail at this stage.
7. Accordingly, the bail application is allowed and the applicant is
directed to be released on bail on her furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for her appearance before the said court as and when directed. CC as per rules. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao