1 2025:CGHC:45401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7079 of 2025 Nandkumari Nirmalkar W/o Ishwar Nirmalkar, Aged About 45 Years R/o Village Kotmisonar, Police Station Akaltara, District Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Akaltara, District Janjgir Champa (C.G.) ... Non-Applicant For Applicant : Mr. Bharat Sharma, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 1. This is the Second 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. 161/2025 registered at Police Station Akaltara, District Janjgir Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 3(5), 118(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant was dismissed as withdrawn with liberty to file a fresh by this Court in MCRC No. 6314 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 of 2025 vide order dated 13.08.2025. 3. The case of the prosecution, in brief, is that an FIR was lodged by one Govind Ram Patel on 01.05.2025, alleging that on the same day, while he was returning to his house at Kotmisonar, at around 12:30 PM near Gondpara, he encountered Ishwar Nirmalkar and the present applicant. It is alleged that both Ishwar Nirmalkar and the applicant started hurling abuses at him and subsequently assaulted him. As per the FIR, Ishwar Nirmalkar assaulted the complainant with a wooden stick, while the present applicant assaulted him with fists, causing injuries to his head and face. Based on this report, the present bail application has been filed. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any offence punishable with death or imprisonment for life. It is submitted that there is a long-standing land dispute between the parties, due to which frequent quarrels occur. On the date of the incident, it was, in fact, the complainant and his son who were the aggressors, and they first hurled abuses at the applicant, leading to a scuffle between the two sides. The applicant, in self-defense, retaliated when she was attacked. It is further submitted that the applicant’s husband is already in jail, and taking undue advantage of this situation, the complainant has falsely implicated the applicant in the present matter. Initially, the case was registered under Sections 296, 115(2), and 3(5) of the Bhartiya Nyay Sanhita, 2023, but only to make the case appear more serious, Sections 118(2) and 109(1) were added later during investigation after a delay of 3 two months. Even as per the FIR and the complainant’s statement, there is no allegation that the applicant assaulted the complainant with a stick or any weapon, and no weapon was seized from her possession. The offences under Sections 118(2) and 109(1) are not made out against the applicant. It is also submitted that the applicant has no previous criminal record, and this is her first offence. She has been in custody since 10.07.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel submits that the applicant has been rightly implicated in the present case and there is sufficient material on record to establish her involvement. It is submitted that as per the FIR lodged by the complainant, the applicant along with co-accused Ishwar Nirmalkar had assaulted the complainant, wherein Ishwar attacked him with a wooden stick and the applicant assaulted him with fists, causing injuries on his head and face. It is further submitted that during investigation, considering the seriousness of the offence and the nature of injuries sustained by the complainant, offences under Sections 118(2) and 109(1) of the Bhartiya Nyay Sanhita, 2023 were rightly added, replacing the earlier sections, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 4 since 10.07.2025, the fact that the applicant along with co-accused persons assaulted the injured with fists and hands, who has sustained injuries, which is non vital part of the body, the injured person was received injuries simple in nature nor any in a grievous nature, further the co-accused who is a husband of the applicant is already in jail, the applicant has no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant- Nandkumari Nirmalkar, involved in Crime No. 161/2025 registered at Police Station Akaltara, District Janjgir Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 3(5), 118(2) and 109(1) of Bharatiya Nyaya Sanhita, 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 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. (ii) 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. 5 (iii) 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. (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 her in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan