1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8689 of 2025 1 - Champa Mourya W/o Tulsiram Mourya Aged About 48 Years R/o Schoolpara Tekameta, Village -Kumhrawand, Dist - Bastar, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. - Bastar, Distt - Bastar, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Keshav Dewangan, Advocate. For Non-applicant(s) : Mr. Ajay Kumrani, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13/11//2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25.06.2025 in connection with Crime No. 69/2025 registered at P.S. – Bastar, District- Bastar, Chhattisgarh for the offence under Section 296, 115(2), 351(2), 103(1), 3(5) of Bhartiya Nyaya Sanhita (in short ‘B.N.S.’). 2. The case of prosecution is that, on 20.06.2025 on the issue of previous land dispute the present applicant as well as the other co-accused persons have assaulted the deceased Dhibaru Mourya by which he received multiple injuries on his body and during treatment he died on 22.06.2025. The son of ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.11.14 10:45:01 +0530 2 the deceased, namely, Lambodar Mourya lodged report to the police on 21.06.2025. On post-mortem it was opined that the death of the deceased was due to injuries and his death was homicidal in nature. The applicant has been arrested on 25.06.2025 and charge-sheet has been filed. 3. Learned counsel for the applicant would submit that there is no specific allegation against the present applicant in the FIR as well as statement of the witnesses even in 161 statement of the eye-witnesses Lambodar Mourya and other omnibus allegations have been levelled against the present applicant that she was also assaulted the deceased. She being the family member of the other accused persons she has been falsely implicated in the offence. He would also submits that there was property dispute going between the parties and the civil suit was also pending between them. He would submits that the co-accused Dayaram Mourya has been granted by this Court in vide order dated 08.10.2025 passed in MCRC No. 7636 of 2025. The applicant is lady and is in jail since 25.06.2025, no any recovery of weapon from the applicant, and final adjudication of the case will take its own time, therefore, she may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and submitted that the name of the present applicant has been specifically mentioned by the witnesses that she too have assaulted the deceased and in such condition it cannot be possible for anyone to specific alleged about the parts of the body on which she made assault. In the statement of the witnesses Lambodar Mourya and Son Singh Kashyap the involvement of the applicant has been narrated whereas in the oral dying declaration made by the deceased before the other witnesses Damoram and Shankar Kashyap, it has been alleged that she assaulted the deceased. He would also submits that the bail was granted to co-accused Dayaram Mourya only on the ground of age, therefore, no benefit can be extended to the present applicant that co- accused has been granted bail. There is sufficient material against the 3 present applicant that she has committed the offence and she is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary as well as material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during investigation against the present applicant, further considering the statement of the eye-witnesses as well as evidence with respect to the oral dying declaration and involvement of the present applicant, I am not inclined to release the applicant on bail, her bail application is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok