1 2025:CGHC:39198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5505 of 2025 Anita Lahrey W/o Rameshwar Lahrey Aged About 54 Years R/o Village - Bharari, P.S. - Kota District - Bilaspur Chhattisgarh. Present Address - Dinesh Nandi In Shivanand Nagar, P.S. - Khamtarai, District - Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through, Station House Officer Khamtarai, District - Raipur Chhattisgarh. ... Respondent For Applicant : Dr. Arpit Lall, Advocate For Respondent : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06.08.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.07/2025 registered at Police Station Khamtarai, District Raipur (CG) for the offence punishable under Sections 103, 65(1), 238(A), 3(5) of Digitally signed by BHOLA NATH KHATAI Date: 2025.08.07 11:55:40 +0530 2 BNS and Sections 4(2) of Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution case, the applicant was living with co- accused Bharatdas Diwan as his wife. Co-accused Bharatdas was having an affair with the mother of the deceased Hamida Begum for the last 3-4 years, due to which the applicant was annoyed with the co-accused. As per the plan, the applicant brought the minor deceased Reshma @ Praveen Bano to her house and on getting opportunity, co-accused Bharatdas Diwan first committed murder of the mother of the deceased and after returning, committed rape and murder of the deceased. Subsequently, on the report being made in this regard, the applicant was arrested on 09.04.2025. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that it is a case of circumstantial evidence, there is no direct evidence against the present applicant nor any seizure has been made from her and she has been prosecuted only on the basis of her memorandum statement. He further submits that charge sheet has been filed, the applicant is in jail since 09.04.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 4. Learned state counsel, on the other hand, opposing the bail application submits that it is present applicant who brought the minor deceased Reshma to her house, therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that it is a case of circumstantial evidence, no seizure has been made from her and she has been 3 prosecuted on the basis of her memorandum statement and also considering the fact that charge sheet has been filed, the applicant is in jail since 09.04.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai