1 2025:CGHC:3305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 532 of 2025 1 - Madhu Sidar W/o Ramsingh Sidar Aged About 33 Years R/o Amlibhauna (Indira Awas) Sonu Muda Raigarh P.S. Jutmil Tah. And District- Raigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Jutmill District - Raigarh (C.G.) ... Respondent(s) For Applicant : Mr. Sanjay Agrawal, Advocate For State : Mr. Santosh Soni, Government Advocate (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 20/01/2025 1. Applicant has filed this first bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as she is arrested in connection with Crime No. 493 of 2023 registered at Police Station – Jutmill, District – Raigarh, Chhattisgarh for the offences punishable under Sections 449, 302/34 of the Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that on 16.11.2023 at 6:30 pm the applicant along with two co-accused Reetu Mahant and Ramsingh have assaulted the deceased Budhiyarin Bai in her house. Due to grievous injuries suffered by her, she was taken to hospital, during course of treatment she died on 24.11.2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Material 2 witnesses i.e. Bhagirathi, Keshavdas Mahant and Pradeep have now been examined and they have not supported case of prosecution. Applicant is in jail since 19.11.2023, One of the similarly placed co- accused i.e. Reetu Mahant has been enlarged on bail vide order dated 12.12.2024 in MCRC No. 8717 of 2024. There are as many as 28 enlisted witnesses and till 17th October, only three witnesses were examined, trial may take some time to conclude, hence, applicant may be enlarged on bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that aforementioned three witnesses in their statement recorded under Section 161 of Cr.P.C. have levelled specific allegations against applicant also in commission of offence as applicant was also found coming out from the house of decease. He submits that in the memorandum statement of co-accused, act of applicant is also narrated in participating in crime. However, he submits that deposition which is relied upon by learned counsel for applicant is subject matter of appreciation by learned trial Court. 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of the case, nature of allegation, period of pre-trial detention of applicant, submission of learned counsel for the respective parties, in particular, submission of learned counsel for applicant based on deposition of Bhagirathi, Keshavdas Mahant and Pradeep, without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond 3 in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. (b) 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. (c) 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Shayna JUDGE Digitally signed by SHAYNA KADRI