Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44398
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1314 of 2025 • Suman Kumar W/o Gautam Aged About 35 Years R/o Housing Board Colony, Boriyakala, P.S. - Mujgahan, District - Raipur Chhattisgarh
... Applicant versus • State of Chhattisgarh Through Station House Officer - Mujgahan, District - Raipur Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Rathod, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 01/09/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.137/2025 registered at Police Station – Mujgahan, District-Raipur (C.G.) for the offences punishable under Sections – 331(1), 326(a), 3(5) of BNS, 2023.
2. The case of prosecution is that, the complaint is residing with her friend and neighbor Pooja Verma resides with her family. On 18-06- 25 due to ill Lekhram health of her neighbor namely Sagarwanshi the complainant with her friend Riya Sahu put lock at her house and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.02 17:27:24 +0530
2 went to Rawatpura Hospital, on 23-06-25 at 5:00 pm neighbor joya Khan informed complainant that complainant neighbour Pooja verma and her friend Suman (applicant) has broken the lock of complainant house and has entered into her house and has taken out house hold article and burned the same. Thereafter, complainant return to her house and saw that the house hold articles burnt. Thereafter, the police authorities has lodged First Information Report dated 26-06-25 against the accused persons including the applicant herein under section 331(1), 326(a), 3(5) of BNS, 2023.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that only on the basis of memorandum statement of co-accused, present applicant has been implicated in crime in question. It has been argued by learned counsel for the applicant that the allegation levelled against the present applicant is that applicant along with co-accused has entered into the house of the complainant and taken the household articles including the documents & clothes and set fire on them. He further submits that applicant is a married lady residing with four children, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that on the date of incident applicant along with co-accused persons has broken the lock of complainant’s house, entered into her house, taken household article and burned the same, therefore, she is not entitled to grant anticipatory bail.
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5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, gravity of offence,
submissions of the learned counsel for the parties, also considering the fact that applicant being a lady and having four children, the conclusion of the investigation and trial is likely to take some time, without commenting anything on merit of the case, this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Suman Kumar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) She 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 from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve himself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali