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2025 DAILYLAW 37469 (CHH)

SMT. RAMBAI v. STATE OF CHHATTISGARH

MCRC/6145/2025 · 2025-08-12

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:40816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6145 of 2025 1 - Smt. Rambai W/o Shivdharan @ Dhanu Gond, Aged About 55 Years, R/o Dwarikanagar ( Gadajariya ), Chowki Latori Police Station Jainagar, District- Surajpur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Office, Police Of Police Station Jainagar, District- Surajpur Chhattisgarh. ... Respondent For Applicant : Mr. Vikram Singh, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 13 / 08 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing her on regular bail during trial in connection with Crime No. 92/2023 registered at Police Station – Jainagar, District –Surajpur (C.G.) for the offence punishable under Section 302 of IPC. 2. The case of the prosecution is that, the complainant, Prem Sahu Manikpuri, lodged a written report at the Latori police station, stating that on 06.04.2023, at about 9:00 am, he received information that the applicant’s husband, Dhanu Gond, and the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.14 16:57:26 +0530 2 applicant had a severe altercation. Based on this information, he went to the scene near Dhanu Gond's house in Dwarikan Nagar. A neighboring woman, Parsado Bai, informed him that the couple had been arguing outside their house for a long time. During the altercation, the accused, Ram Bai, allegedly abused her husband with filthy language and threatened to kill him. She then attacked Dhanu Gond with a sharp object, hitting him on the head. Dhanu Gond approached Parsado and asked her to bandage his head, which she did, but the bleeding couldn't be stopped. Dhanu Gond was taken to the hospital for treatment, where he later succumbed to his injuries and died. The applicant/accused was arrested, and an offence under Section 302 of the IPC was registered against her 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is argued that the applicant has been accused solely on the basis of suspicion, without any concrete evidence to support the charges. The counsel further submits that the evidence collected by the prosecution is prima facie insufficient to hold the applicant guilty of the alleged offenses. Notably, there are no eyewitnesses in this case, and no motive has been established to implicate the applicant. Out of the total 27 witnesses, only 12 have been examined so far, and PW-5 and PW-6 have turned hostile. The applicant is 60 years old lady and has a clean record, with no criminal antecedents, and has been in jail since 07.04.2023. There is no likelihood of her case being decided in the near future, therefore, the present applicant may be released on bail. 3 4. On the other hand, learned State counsel opposed the bail application, submitting that in the present case, there is an eye- witness, Sarju Singh, who has supported the prosecution’s case in his statement. Out of total 27 witnesses, only 12 have been examined till date, therefore, at this stage, the applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that out of 27 witnesses, only 12 have been examined till date, and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. However, considering the fact that the applicant is in jail since 07.04.2023 about 02 years 04 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 04 months. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.