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2025 DAILYLAW 30647 (CHH)

MISS AKANSHA @ ANSHU SHARMA v. STATE OF CHHATTISGARH

MCRC/5060/2025 · 2025-06-30

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Judgment text

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1 2025:CGHC:29537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5060 of 2025 • Miss Akansha @ Anshu Sharma D/o Kamlesh Sharma Aged About 21 Years R/o High Tech Colony, Type-02/ts/835 Bacheli, District Dantewada Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Police Station Bacheli District Dantewada Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.43/2024 registered at Police Station – Bacheli, District – Dantewada (C.G.) for the offence punishable under Section 137(2), 140(1), 3(5) of BNS. 2. The applicant had preferred an application under Section 483 of BNSS for her release on bail before this Court in MCRC No.1211 of 2025 vide order dated 12.02.2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 3. As per prosecution story, in brief, is that on 18.09.2024 the complainant namely Smt. Choti Kunjam has lodged a missing report against the present applicant and alleged that she had taken her younger son of about 18 days with her while she had gone to to refill water from the nearby tap. On such complaint police has registered the case against the present applicant and arrested the present applicant and filed the charge-sheet before the concerned Court. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant wants to adopt the younger son of the complainant with her consent, but some dispute has arose between the parties and thereby a false case was registered against the present applicant, the applicant was taking the child for a ride so that she can spend some time and mix up with him. He further submits that the other co-accused person namely Sahil Ahmad has been enlarged on bail by this Court vide order dated 07.01.2025 in MCRC No. 20/2025. The present applicant is a young girl and she is languishing in jail since 19.09.2024 and the charge- sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time hence, he prays for grant of bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the examination of the case reveals that the present applicant hatched a conspiracy to kidnap and murder an 18-day-old baby. The investigation also reveals that the newborn was recovered from the possession of the present applicant, who had kept the baby in a bag in an insecure manner, which could have resulted in the loss of the newborn's life. This kind of kidnapping also reveals the criminal mindset of the accused. Hence, the bail application of 3 the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the though the co-accused person namely Sahil Ahmad has been enlarged on bail by this Court vide order dated 07.01.2025 in MCRC No. 20/2025, on the ground that he is a driver of the auto rickshaw and he was hired by the present applicant, but the present applicant hatched a conspiracy to kidnap and murder an 18-day-old baby and investigation also reveals that the newborn was recovered from the possession of the present applicant, who had kept the baby in a bag in an insecure manner, which could have resulted in the loss of the newborn's life, further there appears to be no new ground, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the second bail application of applicant – Miss Akansha @ Anshu Sharma, involved in Crime No. 43/2024, registered at Police Station Bacheli District - Dantewada (C.G.) for the offence punishable under Sections 137(2), 140(1) & 3(5) of the Bhartiya Nyay Sanhita, 2023, is rejected 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 vaishali