1 2025:CGHC:2325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8912 of 2024 1 - Savita @ Geeta Yadav W/o Ajeet Yadav, Aged About 30 Years, R/o Village - Kharwatoli, Police Station - Narayanpur, District Jashpur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through the Station House Officer of Police Station Sanna, District - Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For State/Non-applicant : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 14-01-2025 1. In compliance of the order dated 09-01-2025 the learned counsel for the State has submitted report obtained from the concerned jail with respect to delivery of the applicant in the jail, which is taken on record. 2. This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 134/2023, registered at Police Station Sanna, District Jashpur, Chhattisgarh for the offence under Sections 302, 201, 120-B, 364 of IPC. 3. The case of prosecution in brief is that, on 07-11-2023, the dead body of the deceased Bigan Ram was seen by one Mahendra and he intimated about the same to the police. The police has registered the merg and started merg Digitally signed by MOHAMMAD AADIL KHAN 2 enquiry. On the postmortem of the dead body, injuries have been found on the body of the deceased and doctor has opined that the death was homicidal in nature. Then the police has registered the offence of Section 302 of IPC and started investigation. During the investigation, co-accused Prahlad Yadav has been taken into custody and his memorandum statement has been recorded in which he stated about involvement of the present applicant in the offence and on the basis of his memorandum statement, one knife and motorcycle has been seized from him. The present applicant has been arrested on 27-12-2023 and charge sheet has been filed. 4. Learned counsel for the applicant would submit that there is no evidence against the present applicant and she has been falsely implication in the offence. She has been implicated in the offence only on the basis of memorandum statement of co-accused Prahlad Yadav, whereas neither there is any evidence of motive nor there is any recovery from the applicant. The prosecution has alleged that in order to grab property of the deceased the present applicant has conspired conspiracy with co-accused and committed murder of the deceased, whereas, there are other beneficiaries of the property of the deceased and it cannot be said that the applicant is sole legal heir of the deceased. No one has seen the applicant in company of either the deceased or the co-accused at the relevant point of time. There is no seizure of any incriminating article from the present applicant. The applicant is a lady and she is in jail since 27-12-2023. Therefore, she may be released on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that present applicant conspired with co-accused Prahlad Yadav and committed murder of the deceased so that she may obtain the property of the deceased. Prima facie there appears conspiracy from the memorandum statement of co-accused Prahlad Yadav and from accused Prahlad Yadav one knife and motorcycle has been seized. He would further submit that it is 3 a case of conspiracy and it comes in the charge sheet that the deceased has received some compensation on account of motor accidental death of son of the deceased and the deceased was also having three acres of land for which the applicant who is daughter in law of the deceased had evil eye on his property for which she conspired together with co-accused and has committed murder of the deceased. He would also submit that bail application of co-accused Prahlad Yadav has been rejected by this Court vide order dated 13-12-2024 passed in MCRC No.8238 of 2024. Therefore, the present applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the documents annexed with the application. 7. Considering the submissions made by learned counsel for the parties, considering the relationship between the applicant and the deceased and also that she is not sole legal heir of the deceased, except from the memorandum statement of co-accused Prahlad Yadav no evidence is shown by the State counsel against the present applicant, further no any incriminating article has been seized from her, the case of the present applicant is different from the case of co-accused as from the memorandum statement of the co-accused weapon of offence knife has been recovered from him and it is alleged that the co-accused has committed murder of the deceased and at that time the present applicant was not present, present applicant is a lady who is in jail since 27-12-2023 having infant child on her lap who born on 30-07-2024 during her incarceration, I am inclined to release the applicant on bail. 8. Consequently, this application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following 4 conditions :- (i) 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/her from disclosing such facts to the Court ; (ii) She shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial unless her personal presence is exempted by the trial Court. 9. It is made clear that any observation made in this order is restricted only for consideration of the present bail application. The learned trial Court shall decide the case on its own merits without being influenced by any observation made in this order. Sd/- (Ravindra Kumar Agrawal) Judge Aadil