1 2025:CGHC:3614 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 574 of 2025 1 - Smt. Chandrika Kurre W/o Shri Rakhiram Kurre Aged About 60 Years, 2 - Smt.Janki Anant W/o Rajaram Anant Aged About 40 Years, Both are R/o Village Kosir, Thana-Kosir, Distt. Sarangarh-Bilaigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through, Station House Officer, Police Station- Kosir, Distt. Sarangarh-Bilaigarh (C.G.) ---- Respondent For Applicants : Mr. Sumit Shrivastava, Advocate For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 1. The applicants have been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as they are arrested in connection with Crime No.283/2024, registered at Police Station- Kosir, District Sarangarh-Bilaigarh 2 (C.G.) for the offence punishable under Sections 103(1), 238 & 3(5) of BNS. 2. Brief facts of this case are that the informant employee of Medical Hospital has given the merg intimation regarding the death of Smt. Malti Kurre and the merg No. 28/2024 has been registered on 12.11.2024. During the merg inquiry, co-accused Bhagwat Kurre was arrested and his memorandum statement is recorded in the said statement has accepted for commission of the murder of deceased by pressing her neck and also named the applicant saying that they helped him in disposing the death body and disappearing the evidence by converting the case of murder to one accidental death so the police arrested the applicants on 13.11.2024 and after completing the investigation filed the charge-sheet by adding Section 238, 3 (5) of the BNS 2023. 3. Learned counsel for the applicants contended that the applicants have not committed any offence they were falsely implicated by alleging as main accused in the present case. If the material available in the charge-sheet and the evidence collected by the prosecution is accepted as it is the offence under Section 238 of BNS is made out against the applicants which is bailable in nature. He further contended that the prosecution agency has not collected any direct or indirect material evidence against the 3 applicants except the memorandum of the co-accused and the memorandum of the co accused can not be legally used against the present applicants. The applicants are lady and they are in jail since 13.11.2024 and trial is likely to take some time, therefore, it is prayed that the applicants may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicants in this case, further that chart-sheet has been filed in the present case and the applicants are in jail since 13.11.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicants involved in Crime No.283/2024, registered at Police Station- Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 103(1), 238 & 3(5) of BNS, be released on bail on their furnishing a personal bond of Rs.10,000/- (each applicant) with 01-01 surety in the like sum to 4 the satisfaction of the Court concerned with the following conditions : (i) 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. (ii) 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 BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 2023. (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, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without 5 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 for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant