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2025 DAILYLAW 49289 (CHH)

MAHESHIA BAI DHRUV v. STATE OF CHHATTISGARH

MCRC/8114/2025 · 2025-11-02

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:53625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8114 of 2025 • Maheshia Bai Dhruv W/o Shri Lekhuram Dhruv Aged About 55 Years Resident Of Village- Kharkena, Hirri, Bilaspur, District- Bilaspur (C.G.) ... Applicant(s) versus • State Of Chhattisgarh Through The Station House Officer, Police Station, Hirri, District- Bilaspur (C.G.) --- Respondent For Applicant : Mr. Amit Chaki, Advocate For Respondent/State : Mr. Ajit Singh, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.150/2025, registered at PS -Hirri, District- Bilaspur (C.G.), for commission of offence punishable under Sections 191(2), 191(3), 103(1) of BNS. 2. Case of prosecution, in brief, is that complainant (Smt. Nandani Dhruv) has lodged report to the concerned police station stating that father-in-law (Feku Ram) and his two brothers (Lekh Ram and 2 Narad Singh Dhruv) were joint holders of ancestral agricultural land which was being cultivated by all three brothers, however, only Feku Ram and Lekh Ram's names were recorded in the land lease documents. Narad Singh Dhruv's name was not entered in the revenue records. It is alleged that Feku Ram had consistently advocated for a partition of the land including a share for his younger brother Narad Singh, however, Lekh Ram was opposed to this and made threats that if he was forced to partition the land, he would kill the entire family. It is alleged that on 08.06.2025 at around 08:30 PM, when Feku Ram was sitting outside his house and complainant was washing utensils, the accused persons namely Lekh Ram (uncle-in-law), Maheshiya Bai (aunt-in-law), Milap, Ishwar, and Shubham (brother- in-law) arrived there and Milap and Ishwar allegedly assaulted the Feku Ram with wooden sticks and, subsequently, Shubham allegedly struck the Feku Ram by means of sabbal near his private parts, which causing severe bleeding. When the complainant, her husband and her mother-in-law attempted to intervene, they were allegedly restrained. The Feku Ram (injured) was taken to the Hospital, where he was declared dead by the attending doctor. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Though the applicant is present on the spot 3 having a stick, but she never committed mar-pit or assaulted anyone. There is no any other criminal antecedent against the applicant, she is a old lady aged about 55 years, she is in jail since 09.06.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that on the date of alleged incident, accused Milap, Ishwar and Shubham have assaulted the Feku Ram by means of wooden sticks and sabbal, due to which, he suffered severe injuries and died. This applicant is also present on the spot with stick and she is also involved in the alleged crime/offence. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, the fact that though the applicant is present on the spot having a stick, but she never committed mar-pit or assaulted anyone, further as per statement of State Counsel main accused in this case are Milap, Ishwar and Shubham, who have assaulted the Feku Ram by means of wooden sticks and sabbal, due to which, he suffered severe injuries and died, further considering that there is no any other criminal antecedent against the present applicant, she is a old lady aged about 55 years, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail 4 application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-