1 2025:CGHC:44699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6974 of 2025 • R Shobha W/o R Aishu Aged About 42 Years R/o Road No.- 08, Sector 11, Behind Dena Bank, Ps Chhawani, District- Durg (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station- Chhawani, Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Pandey, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.209/2025 registered at Police Station- Chhawani, District- Durg (C.G.), for the offence punishable under Sections 109, 115(2), 296, 3(5), 351(3) of BNS, 2023. 2. As per prosecution story in brief is that on 10.05.2025 at around 12:10 a.m. nephew of the complainant was celebrating his birthday near his house on shouting when the complainant came out she saw that R. Yesu was fighting with the injured and after sometime his son (R.Yuvraj) brought knife from his house and given to him. The VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 10:49:28 +0530 2 allegation against the applicant is that she was holding hair of victim while the co-accused persons assaulted him with knife. It is submitted that after completion of investigation, the police has already filed charge-sheet in this case. Hence, this application. 3. Learned counsel for the applicant is innocent and has been falsely implicated in this case and it is argued by learned counsel for the applicant that the main allegation levelled against the applicant’s husband ,who assaulted the injured with knife and only allegation levelled against the present applicant is that she has holding the hair of the injured. He also submits that as per MLC report injury received by the injured are simple in nature and copy of the same is annexed with bail application at page No.19. The applicant is in jail since 10.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicant has no previous criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that applicant has no previous criminal antecedent, main allegation against the applicant’s husband, who assaulted the injured with knife and only allegation against the present applicant is that she has holding the hair of the injured, applicant is in jail since 10.05.2025 and the charge-sheet has been 3 filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – R Shobha, involved in Crime No.209/2025 registered at Police Station- Chhawani, District- Durg (C.G.), for the offence punishable under Sections 109, 115(2), 296, 3(5), 351(3) of BNS, 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) 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 him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali