2025:CGHC:47898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6180 of 2025 Sushma Patel Wife Of Ram Singh Patel Aged About 35 Years Resident Of House Of Santosh Goswami, Shriram Colony Satai Road District- Chhatarpur Madhya Pradesh ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari District- Raipur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri BL Sahu, Advocate For Respondent/State : Ms Priya Sharma, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.09.2025 1. Pursuant to order dated 02.09.2025, notice on the victim/complainant has been served but no one appears either in person or through virtual mode to record their submissions, therefore, this Court proceeds to decide the bail application. 2. This bail application has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. The applicant was arrested on 23.05.2025 in connection with Crime No.55 of 2025 registered at PS- Gudhiyari, Raipur, CG, for the offence Digitally signed by V PADMAVATHI Date: 2025.09.18 14:49:21 +0530 Mcrc 6180 of 2025 2 punishable under Sections 137(2), 64, 143, 144 & 61 of the Bharatiya Nyaya Sanhita, 2023, and Section 4, and 6 of the POCSO Act, 2012. 4. Case of the prosecution in brief is that on 21.02.2025, sister-in-law (Bhabhi) of the victim lodged a missing report that the victim is missing since 21.02.2025 night, and her whereabouts could not be traced out. Police has registered the offence under Section 137(2) of the BNS and started investigation. During the investigation, victim was recovered on 31.03.2025 from Chatarpur, MP, from possession of the co-accused Babulal, and after recording her statement, offences under Sections 64, 143, 144 and 61 of the Bharatiya Nyaya Sanhita, 2023, and Section 4, and 6 of the POCSO Act, 2012 have been registered against the present applicant. Allegation against the present applicant is that, she facilitated in trafficking the victim by the main accused- Babulal. Applicant has been arrested on 23.05.2025, and charge- sheet has been filed. 5. Learned counsel for the applicant would submit that present applicant is nowhere concerned with the allegation, and it is only on suspicion, she has been made accused in the case. Recovery of the victim was made from main accused Babulal. He would further submit that the victim has been examined before the learned trial Court as PW1, and has completely turned hostile, and not supported the prosecution case, and even the victim had denied the identification of the present applicant. Applicant is a lady, and she is in jail since 25.03.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. Mcrc 6180 of 2025 3 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as material collected during the investigation, further, considering the allegation made against the present applicant in the case, she being a lady, is in jail since 23.05.2025, and final adjudication of the case would take some time, without commenting anything on merits of the case, this Court is inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Sushma Patel, w/o Ramsingh Patel is allowed and she shall be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant 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 him/her from disclosing such facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; iii. that the applicant shall appear before the trial Court on each and every date given to him/her by the concerned trial Court till disposal of the trial unless exempted. iv. Applicant shall cooperate with the investigation and the trial. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma