1 2025:CGHC:46905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7342 of 2025 Smt. Rani Bairagi W/o Shri Awadh Bairagi Aged About 31 Years R/o Bhartiya Nagar Chowk, Gali No. 3, Police Station- Civil Line, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Anukul Biswas, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.09.2025 1. The applicant has preferred this Second 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.566/2024, registered at Police Station- Sirgitti, District-Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61 read with Section 3 (3) of Bhartiya Nyay Sanhita. 2. The earlier bail application of the applicant has already been rejected by this Court in MCRC No. 8413/2024, vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 13.12.2024, on merits. 3. Case of the prosecution, in brief, is that on 14.08.2024, the complainant, namely, Kirshna Kumar Mishra lodged a written report at Police Station Sirgitti, District: Bilaspur (C.G.) alleging therein that when he returned home on 13.08.2024 at around 09:00 pm, his wife told that between 12:00 to 1:00 pm at noon, four men and two women entered into the his house and introduced themselves as persons from Crime Branch and had also wear ID Card around their neck, two women caught hold of his wife and Anjani Mishra and threaten them that, if they move then they will kill them and started searching for the box kept in their house and the unknown thieves ran away with the box, then he called Vidya Prakash Pandey and informed about it, then Vidya Prakash Pandey told that money and land related documents were kept inside the box. On the basis of written complaint the FIR registered against unknown 4 men and 2 women persons, after investigation 6 persons made accused including the present applicant, he was arrested on 20.08.2024, after completion of investigation charge-sheet was filed. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant was rejected by this Court on merits in MCRC No. 8413/2024, vide order dated 13.12.2024, on merit. He submits that the fresh ground for filing the present (second) bail application is that, out of 20 prosecution witnesses cited in the charge-sheet, 07 have already been examined, and none of them have supported the case of the prosecution; rather, they have turned hostile. It is further submitted that the evidence collected by 3 the prosecution is not, even prima facie, sufficient to establish the guilt of the applicant for the alleged offences. He also points out that the applicant is suffering from various ailments, as is evident from the medical documents collectively filed and marked as Annexure A/5. He further submits that the applicant, who is a lady aged about 30 years, has been in custody since 22.08.2024. On these grounds, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with other co-accused persons introduced themselves as they are from Crime Branch have forcefully entered into the house of complainant and committed theft of a box containing Rs.1.3 crores and land related documents, there is also recovery of Rs.10 lakhs from applicant and further the first bail application of the applicant has already been rejected by this Court on merits, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties, as the seizure witnesses have examined and turned hostile and also considering the ailment of the applicant, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. From perusal of the order dated 03.12.2024, it is apparent that the bail application of the applicant was rejected on merits on the 4 ground that the the applicant alongwith other co-accused persons introduced themselves as they are from Crime Branch have forcefully entered into the house of complainant and committed theft of a box containing Rs.1.3 crores and land related documents, there is also recovery of Rs.10 lacs from applicant and there is no explanation with regard to the recovery made from applicants, as such, this Court is of the opinion that it is not a fit case to release the applicant on bail. 9. Accordingly, the Second bail application of the applicant namely Smt. Rani Bairagi, involved in Crime No.566/2024, registered at Police Station- Sirgitti, District-Bilaspur (C.G.) for the offence punishable under Sections 204, 307, 331(3), 61 read with Section 3 (3) of Bhartiya Nyay Sanhita, is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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 2. 3. Kunal