1 2025:CGHC:54827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8989 of 2025 1 - Gangotri Bai W/o Heeralal Nishad Aged About 38 Years R/o Village- Limha, Police Station Mungeli, District- Mungeli (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station -City Kotwali, Mungeli, District- Mungeli, (C.G.) ... Respondent(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Mr. Sanjeev Pandey, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/11/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 27.11.2023 in connection with Crime No. 492/2023 registered at Police Station- City Kotwali Mungeli, 2 District- Mungeli (C.G.) for the offence punishable under Section 147, 148, 149, 323, 294, 302/34 of IPC. 2. The prosecution story, in brief, is that ib 26.11.2023 the complainant Pardeshni lodged a Dehati Nalsi at the police station- City Kotwali Mungeli stating that about 2-3 years ago, the accused Hiralal Nishad, who lives in the neighbourhood, suspected that his daughter Sarojini was in a love relationship with her son Manohar, due to which there was a dispute between the two families. During the same period, the accused Hiralal Nishad’s daughter Sarojini died after being burnt by fire, and since then, Hiralal Nishad and his family members harbored enmity towards them. In continuation of the same, at about 8:00 PM, the accused Hiralal along with his son Suraj Nishad, came in front of their house, used filthy language by taking their names, said things like “because of you people our daughter died,” etc, and were abusing. Then her husband Bhagwat Nishad came out of the house and forbid the accused Hiralal Nishad and others from abusing, upon which the accused Hiralal along with his son Suraj Nishad, started beating her husband. Upon hearing the commotion, she along with her son Manohar, daughter Radhika and daughter-in-law Rika, came out. When son Manohar went to intervene, Suraj started beating him with a stick. Meanwhile, the accused Hiralal Nishad, his wife Gangotri Bai/ present applicant and their three daughters also arrived there. Then the present applicant Gangotri, along with her daughters, started beating her daughter Radhika and daughter-in-law Rika who had gone to intervene. In the meantime, the accused Hiralal picked up a stone 3 lying in the land and, saying “today I will not leave you alive,” hit her husband on the head from behind, due to which her husband fell to the ground after being injured. Then the accused Hiralal started throttling her husband’s neck, which they managed to free. After that, the accused, along with their family members, fled saying “today we are leaving you people, but next time we will finish you all including your family.” Then they called 108 ambulance and took their husband and son-daughter to the district hospital, where after examination, her husband was found to have died. On the complainant’s report, Dehati Nalsi No. 0/2023 was registered at Police Station- City Kotwali, Mungeli against the present applicant and other accused persons under Sections 147, 148, 302, 294, 323, 506-B of IPCV and investigation was initiated. During course of investigation, the dead body was sent for post mortem where the doctor has opined that the cause of death is due to head injury, homicidal in nature, statements of the accused persons were recorded, some articles were seized and one club was seized from the present applicant. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. He further contended that as per the report itself, the present applicant was in the house but due to a dispute, her name has been wrongly mentioned in the first information report, though she was neither present at the spot nor any role has been attributed by her in crime in question, therefore, 4 she is entitled to be enlarged on bail. The deceased was assaulted by Heeralal and also sustained injuries on back side of the head due to assault by a stone. 4. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and further considering the involvement of the applicant in crime in question. Further considering that the applicant is 38 years old lady and there is no previous antecedent of the applicant as submitted by the counsel for the parties. It is also considering that the main accused is Heeralal and his son and the applicant is not the main accused and she is in jail since 27.11.2023, further the conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is not the main accused and is entitled to be released on bail in this case. 7. Let the applicant- Gangotri Bai, involved in Crime No. 492/2023 registered at Police Station- City Kotwali Mungeli, District- Mungeli (C.G.), for the offence punishable under Section 147, 148, 149, 323, 294, 302/34 of IPC be released on bail on her furnishing a bail bond of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the 5 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 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 BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, 6 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. However, this Court hopes and trusts that the Trial Court shall make an earnest endeavour to conclude the trial as soon as possible in accordance with law, if there is no legal impediment. 9. 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 Madhurima