1 2025:CGHC:54116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8782 of 2025 1 - Smt. Kusum Sharma W/o Rajendra Prasad Sharma Aged About 70 Years R/o Village- Gorakhpur, Police Station - Gadasarai, District- Dindori, Madhya Pradesh, (Husbands Name Is Wrongly Mentioned In The Order Impugned) (Particulars Of The Applicant Is Mentioned Correctly As Per Chargesheet) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Police Station- Tilda Neora District- Raipur, Chhattisgarh ---Non-Applicant For Applicants : Mr. Anmol Sharma, Advocate For-Non-applicant : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 06/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 175/2025, registered at Police Station Tilda Neora, District Raipur, Chhattisgarh for the o8ences punishable under Sections 103(1), 190, 61(2)(a) of BNS 2023 and 25, Digitally signed by JYOTI JHA Date: 2025.11.07 11:29:34 +0530 2 27 Arms Act. 2. The prosecution story in brief, is that, on that 01.05.2025 @ about 7 A.M. in the morning informant namely Dharam Pal Bhatt informed police authorities that one dead is found lying at village - Bemta, under the Gadriya Nala and the sarpanch informed his that it is the body of his brother Laxman @ Raju Bhatt and last he was seen on 30.04.2025 at a marriage ceremony of his uncle Balram Bhatt at village Sankra and after which he didn't returned home. On the basis of the said information the police authorities have lodged an FIR against the unknown persons and started investigation. During the course of investigation wife of the deceased namely Roshini Sharama was interrogated and, in her memorandum, she has narrated the entire incident that she along with her son rishi sharma, Uma Shankar Sharma, Mukesh Sharma and present applicant have committed murder of the deceased Laxman Raju Bhatt on account of continuous mentally and physically torture being committed by him on Roshini Sharma. On the basis of memorandum statement, the police authorities arrested the other co-accused persons and their memorandum statement was recorded and after completion of investigation the police authorities have Bled Chargesheet for the above- mentioned o8ences. The accused persons were arrested on 06.05.2025 and sent them to judicial custody. 3. It was argued by the learned counsel for the applicant that the present applicant has falsely been implicated and she has no involvement in the present crime. It is worthy to mention that upon memorandum statement of her daughter namely Roshin Sharma, the present applicant has been roped in the present crime. Upon the memorandum statement of present 3 applicant no incriminating articles has been seized from the present applicant. Further, learned counsel for the applicant submits that the present applicant has no connection in the present crime as she has neither aided the commission of o8ence nor she was present at the spot. The present applicant is an old aged lady about 70 years and the police authorities have wrongly mentioned the age as 58 years in the challan. Copy of the Aadhar Card of the present applicant is annexed as ANNEXURE A-3. Learned counsel for the applicant further submits that only the memorandum statement without any discovery of fact is not admissible in evidence and any statement made before police authorities is not admissible piece of evidence. It is worthy to mention that the present applicant is a 70 years old aged lady and is su8ering from medical ailments and requires continuous medical care and attention. The applicant is in custody since 06.05.2025 and conclusion of trial may take some time, hence he may be released on bail. 4. On the other hand, the learned counsel for the State opposed the bail application of the applicants. 5. I have learned counsel for the parties and perused the records. 6. Looking to the entire facts and circumstances of the case particularly the fact that age of the applicant as per aadhar card is 70 years old that there is no direct evidence against the present applicant and looking to the fact that she was not present at the spot and no recovery of any incriminating material from the present applicant and there is no previous criminal antecedents against the applicant and looking to the involvement of the applicant, the trial is likely to take sometime for its conclusion and the applicant is in jail since 06.05.2025, this Court is of the view that the 4 applicant is entitled to be released on bail in this case. 7. Let the applicant be released on bail on his furnishing a personal bond with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall Ble an undertaking to the e8ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through their counsel. In case of his absence, without suHcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 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 BNSS 2023. is issued and the applicant fails to appear before the court on the date Bxed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates Bxed 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 suHcient 5 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OHce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti