1 2025:CGHC:30580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 956 of 2025 Smt. Rani Devi W/o Devendra Prasad Aged About 70 Years R/o Plat No. 460, T.P. Nagar Korba. P.S.- Rampur, Dist.- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through D.M. Janjgir, Through P.S. Baloda, Dist.- Janjgir-Champa (C.G.) ... Non-Applicant For Applicant : Mr. Rupesh Shrivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 244/2025 registered at Police Station – Baloda, District – Janjgir - Champa (C.G.) for the offence punishable under Sections 281, 125(a), 137(2), 105 and Section 61(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, that the complainant, Santram Patel, lodged a report on 12.06.2025 stating that on the said date, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:13 +0530 2 the driver of an unknown white car coming from Bilaspur, while driving the vehicle in a careless manner, hit his granddaughter, Kumari Shivangi Patel, who was buying mangoes on the roadside, and thereafter took her with him in the car. On the basis of the above complaint, an investigation was carried out, and it was found that on 12.06.2025, the co-accused, Devendra Prasad Verma, was travelling from Bilaspur to Korba along with his wife, Rani Sharma Verma (applicant), and at that time, near Village Bacchod, at about 04:30 PM, while driving the car rashly, he hit Shivangi Patel. Thereafter, the couple picked up the injured girl and kept her in the car without informing anyone in the village. Further, they did not take the injured girl to any hospital, as a result of which she died. It is also alleged that her clothes were thrown into a bin and the deceased was kept in the car with the intention to hide her, and on 13.06.2025, as the smell arose, the body was discovered. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in this aforesaid case. He submits that the contents of the FIR do not make out a prima faice case under Section 281, 125(a), 137(2), 105 and 61(2) of the BNS against the present applicant. He submits that the applicant is a lady aged about 70 years and suffers from several ailments. He further submits that the applicant and her husband were surrounded by villagers which shattered the applicant, hence under threat of being beaten by the mod, they took the injured girl in their car. Hence, there is no mens rea in the mind of the applicant as alleged 3 by the prosecution, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the anticipatory bail application of the applicant and submits that the present applicant was traveling in a car along with her husband, who was driving the said car, which hit a minor girl near village Bachhod, thereafter, the applicant, along with her husband, fled from the spot and took the child for treatment. However, it is alleged that the husband of the applicant kept the child in the car, left the AC on, and went home to sleep, due to which the minor child died, therefore, the present applicant is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offence, and the allegation against the applicant that present applicant was traveling in a car along with her husband, who was driving the said car, which hit a minor girl near village Bachhod, thereafter, the applicant, along with her husband, fled from the spot and took the child for treatment, however, it is alleged that the husband of the applicant kept the child in the car, left the AC on, and went home to sleep, due to which the minor child died, the applicant's case is distinguishable from that of the said co- accused, as she was sitting in the co-passenger seat, without 4 further commenting on merits of the case, I am inclined to grant anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Rani Devi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek