1 2025:CGHC:35851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5798 of 2025 Smt. Kiran Yadav W/o Bharat Lal Yadav Aged About 36 Years R/o Village - Beldarpara Bhainso (Wrongly Mentioned As Bhaiso In The Order-Sheet), Police Station - Pamgarh, District Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, Janjgir/ Station House Officer, Police Station - Pamgarh, District Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 260/2025 registered at Police Station Pamgarh, District Janjgir- Champa (C.G.), for the offences punishable under Sections 296, 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 06.06.2025, the complainant, Shambhu Yadav, lodged a report at Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.25 11:41:47 +0530 2 Pamgarh, alleging inter alia that his younger brother, Nanhu Yadav, and his son, Bali Yadav, were going to Tiwari Chak field, where some government land had been occupied by them for a long time, situated near their ancestral property. It is further stated that on the aforesaid government land, his nephew Bharat Yadav and Ramlakhan Yadav had been sowing crops for the last 15 years despite being prevented from doing so, and after harvesting, the crop was to be distributed between the parties. Therefore, his son and younger brother were going to the field. It is further alleged that at about 10:00 a.m., one villager, Gaurav Singh Thakur, called on the mobile phone of Devcharan Patel and informed that, at around 9:00 a.m., near Bandhakhar field, Bali Yadav and Nanhu Yadav were assaulted by Bharat Yadav, Ramlakhan Yadav, Vinod Yadav, and Kiran Yadav, due to which their hands and legs were fractured. Upon receiving the aforesaid information, the complainant went to the spot and found that his son, Bali Yadav, had sustained injuries on his hand and leg, while his brother, Nanhu Yadav, had sustained injuries on his right leg, right arm, and left ear, with blood oozing from the injuries. 3. Upon inquiry, Bali Yadav disclosed that due to a dispute regarding cutting the paddy crop, Bharat Yadav, Ramlakhan Yadav, Vinod Yadav, and Kiran Yadav abused them in filthy language, threatened to kill them, and assaulted them with an axe. It was further disclosed that Bharat Yadav struck Bali Yadav with an axe on his neck, but Bali defended with his right hand and sustained injuries on his hand. It was further alleged that Ramlakhan Yadav, Vinod Yadav, and Kiran Yadav assaulted him with clubs. Additionally, it was stated that his brother, Nanhu Yadav, was assaulted by Bharat Yadav with an axe on his right 3 hand, while Ramlakhan Yadav assaulted him with an iron rod, and Vinod Yadav and Kiran Yadav assaulted him with clubs. It was further disclosed that the incident was witnessed by Gaurav Singh Thakur, who was present there for harvesting his crop. The incident was subsequently disclosed to Agni Singh and Rahul Yadav, and thereafter, the injured persons were taken to the hospital for treatment. 4. On the basis of the report lodged by the complainant, Police Station Pamgarh registered First Information Report bearing Crime No. 260/2025 on 06.06.2025 for the offences punishable under Sections 296, 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and initiated an investigation. During the course of the investigation, it was found that the injured persons were referred to a higher centre, i.e., District Hospital, Janjgir, for X-rays. The memorandum statements of the accused persons were recorded, articles were seized, and the weapons used by the accused persons in the crime were also seized. The applicant and other co-accused persons were arrested, the statements of witnesses were recorded, and after the completion of the entire investigation, a charge-sheet was filed. 5. The matter is now pending before the learned Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.), in Criminal Case No. 791/2025, as the matter is triable by the Sessions Court. A copy of the First Information Report bearing Crime No. 260/2025 dated 06.06.2025 for the offences punishable under Sections 296, 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is being filed herewith as Annexure A-2. 6. Learned counsel for the applicant submits that the present applicant is 4 innocent person and has been falsely been implicated in the aforesaid case. He submits that the First Information Report itself states that the government land situated near the ancestral property was being cultivated by the nephew of the complainant, Bharat Yadav, and Ramlakhan Yadav for the last 15 years. It was also disclosed that Nanhu Yadav and Bali Yadav, the injured persons, went to the field to take their share of the crop, even though they had no share in it, as the paddy had been sown by the accused persons, who were the rightful owners of the crop. However, the injured persons went there to take the crop for themselves, due to which a dispute and quarrel started between the parties, leading to injuries sustained by the victims/injured persons. Thus, it is clear that the present applicant has not committed any offence but is being falsely implicated in the crime in question along with the entire family. Therefore, the present applicant, being a lady against whom no specific role has been attributed in the crime in question, is entitled to be enlarged on bail. He also submi that the FIR, corroborated by the memorandum statements of the accused persons, show that the injured were the aggressors in the quarrel, having gone to harvest the crop sown by the accused persons. The family members of the present applicant tried to protect their property and life, due to which the injuries were caused to the victims. The present applicant was not present at the spot as she was engaged in her daily household work. Therefore, the present applicant is entitled to be enlarged on bail. He also submits that the injured were taken to the hospital, where a CT scan of Jagram Yadav was conducted by the doctor, but no grievous injuries were found, and the injured were not admitted to the hospital. Copies of the MLC and CT 5 scan are collectively filed herewith as Annexure A-3. It is further respectfully submitted by the present applicant that the injuries allegedly caused to the injured persons were not grievous in nature. Thus, even if the entire case of the prosecution is taken at face value, no offence under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, is made out against any of the accused persons, and the present applicant, who was working in the house at the relevant time, cannot be implicated under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Therefore, the present applicant is entitled to be enlarged on bail. 7. On the other hand, the learned State counsel opposed the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 8. I have heard learned counsel for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the main allegation is against the husband and brother-in-law of the present applicant, who have assaulted the injured person, the case of the present applicant is distinguishable from the case of the other co-accused persons, as the applicant is a lady and has no criminal antecedents, also considering the fact that the applicant has no criminal antecedents and the charge - sheet has already been submitted in the present case before the competent Court, the applicant has been in jail since 06.06.2025, this Court is of the view that the applicant is entitled to be released on bail 6 in this case. 10. 10. Let the Applicant – Smt. Kiran Yadav, involved in Crime No. 260/2025 registered at Police Station Pamgarh, District Janjgir- Champa (C.G.), for the offences punishable under Sections 296, 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 7 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 11. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek