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2025 DAILYLAW 31180 (CHH)

SOORAJ BAI JOSHI v. STATE OF CHHATTISGARH

MCRC/5007/2025 · 2025-06-29

body2025

Judgment text

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1 2025:CGHC:29229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5007 of 2025 • Sooraj Bai Joshi D/o Late Radheshyam Joshi Aged About 56 Years R/o Rawabhata, Ward No. 11, Khamtarai District Raipur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Khamtarai District Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Pratibha Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 1. This is first 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. 56/2025 registered at Police Station – Khamtarai District – Raipur (C.G.) for the offence punishable under Section 109 of the BNS, 2023 and Section 25, 27 of Arms Act. 2. As per prosecution story, in brief, is that, the allegation on the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 present Applicant is that complainant Shiv Kumar Banjare has lodged a complaint to the effect that present applicant as second wife and since he use to visit his both the wives and Applicant herein used to forbid him and demanded money and property from him. On 14.01.2025 when he came back from meeting his first wife Applicant started abusing him and started quarreling with him and around 11.30pm at night she removed the pipe of cylinder due to which his body got burnt, he immediately rushed to his first wife and where he was taken to hospital by her first wife and Accordingly offence under above mentioned Sections has been registered against unknown persons and during course of investigation and the Present Applicant has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. It has been argued by the learned counsel for the applicant is that, the applicant was living as a second wife of the injured and applicant as well as his first wife were living separately. She further submits that on the date of incident injured had gone to the house of the applicant, where the applicant had opened the LPG Gas cylinder pipe and also locked the door from outside, as a result of which, injured has suffered 75% to 80% burn injury and admitted in the Hospital and his statement was also recorded, which goes to show that applicant was involved in the said crime. She further submits that applicant has no criminal antecedents. The present applicant is in jail since 25.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that applicant has been found to be involved 3 in the commission of the crime in question and the instant bail application filed by the present applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of the offence and the material available on record, it transpires from the record is that on the date of incident injured had gone to the house of the applicant, where the applicant had opened the LPG Gas cylinder pipe and also locked the door from outside, as a result of which, injured has suffered 75% to 80% burn injury and admitted in the Hospital and his statement was also recorded, which goes to show that applicant was involved in the said crime. she is in jail since 25.01.2025, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this first bail application of applicant – Sooraj Bai Joshi, involved in Crime No. 56/2025 registered at Police Station – Khamtarai District – Raipur (C.G.) for the offence punishable under Section 109 of the BNS, 2023 and Section 25, 27 of Arms Act. is rejected at this stage. 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