1 / 3 2025:CGHC:44299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6736 of 2025 • Kaleshwari W/o Lal Sai Aged About 45 Years Caste- Harijan, R/o Village- Kevra, P.S.- Pratappur, District- Surajpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Bhatgaon, District- Surajpur (C.G.) ... Respondent For Applicant : Mr. Krishnakant Prajapati, Advocate For Respondent-State : Ms. Pragya Shrivastava, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 01/09/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 52/2025 registered at Police Station – Bhatgaon, District Surajpur (C.G.) for offence punishable under Sections 103, 238, 3(5) of the Bharitya Nyay Sanhita, 2023. 2. Case of prosecution in brief is that co-accused Pramendra Chaudhary has assaulted his wife Smt. Santoshi and caused her death by strangulation. Applicant helped co-accused in disappearing evidence. 3. Learned counsel for applicant submits that applicant has not played any role in causing death of deceased Santoshi Kashyap. According to the material available in the case diary/ charge-sheet some quarrel took place between Pramendra and his deceased wife Santoshi and during quarrel in the heat of PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 passion co-accused Pramendra strangulated her. In the entire story of prosecution it has not come that applicant also participated in quarrel or assaulted deceased. Applicant is in jail since 30.03.2025. She being an old age lady and trial may take some time, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. However, she submits that in the memorandum of co-accused Pramendra it has come that it is co-accused Pramendra who has strangulated deceased. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Considering the facts and circumstances of the case, nature of allegation, submission of learned counsel for respective parties applicant being an old age lady and that trial may take some time for its conclusion, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) 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. (c) 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. 3 / 3 (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 her 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. Sd/- (Parth Prateem Sahu) pwn JUDGE