1 2025:CGHC:47399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7411 of 2025 1 - Pooja Painkara W/o Parvind Painkara Aged About 21 Years R/o Village Saraimuda, P.S. Lailunga, Distt. Raigarh, Chhattisgarh. ...applicant(s) versus 1 - State Of Chhattisgarh Through Officer In Charge P.S. Lailunga, Distt. Raigarh, Chhattisgarh. ---Non-applicants For applicant : Mr. Ashutosh Mishra, Advocate For-Non-applicants : Mr. Satish Gupta. G. A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 16/09/2025 1. The applicants has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 79/2024, registered at Police Station Lailunga, District Raigarh Chhattisgarh for the offences punishable under Sections 302 and 201, 34 of the Indian Penal Code, 1860. 2. Brief facts of this case is that on 16.01.2024 some altercation took place between the applicant and the co-accused namely Santoshi Painkra who is sister of the applicant. It has been further alleged that Digitally signed by JYOTI JHA Date: 2025.09.17 11:05:45 +0530 2 during the struggle between them the applicant threw down the four month old child of her as a result of which the child died. Thereafter investigation was initiated by the police Station Lailunga and the applicant was arrested. 3. It was argued by the learned counsel for the applicant that there is no evidence to show that the present applicant was involved in the present case. Some of the witnesses have examined and they have not supported the case of the prosecution. He further submits that the co-accused Santoshi has already been granted bail by this Hon’ble Court in MCRC No. 2630/2025 vide its order dated 15.05.2025. Lastly, he submits that the applicant is in jail since 17.01.2024, the charge sheet has been filed and the trial will take time to conclude thus he would pray for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that there is ample evidence on record to connect the appellant with commission of the offence. For which, the applicant has not given any plausible explanation, therefore, the bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 6. Considering the facts and circumstance of the case and particularly the facts that she is in detention from 17.01.2024; the material witnesses to the incident have been examined and they have not supported the case of prosecution and charge sheet has been filed and moreover the co-accused Santoshi has already been granted bail 3 by this Hon’ble Court in MCRC No. 2630/2025, I am inclined to allow this application. Accordingly, the application filed under Section 483 of BNSS by the applicant for grant of regular bail is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, the applicant shall be released on bail, on 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (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 2023. 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 Bhartiya Nyaya Sahita, 2023 (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 2023 If in the opinion of the trial court absence of the 4 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti