1 2025:CGHC:44327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6879 of 2025 1. Ful Kunwar Yadav W/o Vishram Yadav Aged About 40 Years R/o Village Bakbuda, Thana Bango, District - Korba Chhattisgarh 2. Lalita Yadav W/o Laxman Yadav Aged About 33 Years R/o Village Bakbuda, Thana Bango, District Korba Chhattisgarh ... Applicants versus State of Chhattisgarh Through - Police Station - Bango, District - Korba Chhattisgarh ... Non-applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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 applicants who have been arrested in connection with Crime No. 94/2025 registered at Police Station : Bango, District – Korba (C.G.) for the offence punishable under Section 191(2), 191(3), 190, 221, 296, 121(1), 132, 109 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case in brief, a theft of cash and household articles was committed from the house of one Rajesh Soni. Consequently, the police personnel went to the house of the suspected ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.02 11:29:53 +0530 2 person, namely Banju Yadav, and inquired about the details of his family members. Thereafter, the family members of the suspected person got angry, assaulted the police personnel, and caused injuries to them. Subsequently, the police lodged an FIR under Sections 191(2), 191(3), 190, 221, 296, 121(1), 132, and 109 of the B.N.S. Act against the family members of the suspected person and arrested them. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that the applicant No.1 is a married lady aged about 40 years, and applicant No.2 is also a married lady aged about 33 years. They belong to a well-reputed family and have been in jail since 29.06.2025. Due to their prolonged detention in jail along with hardened criminals, their lives are likely to be ruined. He also submits that applicants No.1 and 2 are the aunts of the suspected person and are not residing in the house of the suspected person, namely Banju Yadav. In fact, they are only neighbours of the suspected person. He further submits that the husbands of applicants No.1 and 2 are also in jail in connection with the said crime, and only to harass them, the police have arrested the family members of the applicants. The son of applicant No.2, namely Vivan, aged about 2 years, is also in jail. He submits that the present applicants have no criminal antecedents and they are in jail since 29.06.2025, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has not submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, though the charge- sheet has not yet been submitted before the competent Court, it is pertinent to note that the applicants, their husbands, and even the two- year-old son of applicant No.2 are in jail along with the applicants. Moreover, as the applicants are ladies with no criminal antecedents and have been in jail since 29.06.2025, and as the trial is likely to take considerable time for its conclusion, this Court is of the opinion that the applicants are entitled to be released on bail in this case. 7. Let applicants, Ful Kunwar Yadav and Lalita Yadav, involved in Crime No. 94/2025 registered at Police Station : Bango, District – Korba (C.G.) for the offence punishable under Section 191(2), 191(3), 190, 221, 296, 121(1), 132, 109 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during 4 trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek