Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 36461 (CHH)

MEENA GHRITLAHARE @ RAMESHWARI v. STATE OF CHHATTISGARH

MCRC/6126/2025 · 2025-08-25

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:43312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6126 of 2025 1 - Meena Ghritlahare @ Rameshwari W/o Ramkumar Ghritlahare Aged About 31 Years R/o Ward No. 05, Village Dongarideeh, Police Station Lawan, District Balodabazar-Bhatapara C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Lawan, District Balodabazar-Bhatapara C.G. ... Non-applicant For Applicant : Mr. Rajesh Tiwari, Advocate For Non-applicant : Mr. Pranjal Shukla, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/08/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 170/2025 registered at Police Station – Lawan, District – Balodabazar - Bhatapara, Chhattisgarh for the offences punishable under Sections 137 (2), 103 (1), 238, 61 (2) r/w Section 3 (5) of the Bharatiya Nagarik Sanhita, 2023. 2. Case of prosecution is that, Durga Dhritlahre, step mother of deceased lodged a report in the concerned police station stating that his son aged about 14 years is missing from the house. Based upon which, initially, mising report was lodged. During the course of investigation, based on SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 the memorandum statement of the applicant, she was arrested on 03.04.2025 for commission of alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent, she has been falsely implicated in the crime. She has not committed any offence as alleged. He submits that there is absolutely no connecting piece of evidence against the applicant, but for the memorandum statement as recorded by the police. He also submits that in evidence of the complainant, it has come that the applicant was residing at Jammu and Kashmir for a long time and the motive as projected about the property dispute is also not there, as there is no property recorded in the name of Ram Kumar Dhritlahre (husband of Durga Dhritlahre). Applicant is a lady, she is in jail since 03.04.2025. Charge-sheet has been filed. Trial may take sometime to conclude. Hence, she may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that the applicant in her memorandum statement had admitted her guilt. From the material available in the case-diary, it is appearing that the applicant hatched conspiracy for commission of murder of Late Niranjan Dhritlahre. 5. I have heard learned counsel for the respective parties and perused documents filed along with the bail application. 6. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, period of pre-trial detention, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon her furnishing a personal bond in 3 the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) The applicant shall file an undertaking to the effect that he 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial andin 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey