1 2025:CGHC:51152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8164 of 2025 1 - Gauri Vishwakarma W/o Rambharos Vishwakarma Aged About 40 Years R/o Chingrajpara, Shubhash Chowk Infront Of Vishnu Kirana P.S.- Sarkanda District- Bilaspur, Chhattisgarh 2 - Jyoti Vishwakarma D/o Rambharos Vishwakarma Aged About 25 Years R/o Chingrajpara, Shubhash Chowk Infront Of Vishnu Kirana P.S.- Sarkanda District- Bilaspur, Chhattisgarh 3 - Santoshi Chandrakar W/o Shiv Chandrakar Aged About 41 Years R/o Tikrapara Near Mama-Bhacha Talab P.S.- Citykotwali District- Bilaspur, Chhattisgarh ... Applicants Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Torwa, Bilaspur, Chhattisgarh ... Non-applicant For Applicants : Mr. Siddhant Tiwari, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 232/2025 registered at Police Station - Torwa, District – Bilaspur(C.G.), for the offence punishable under Section 89. Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 2. The prosecution's case is that on 27.05.2025, the victim lodged a written complaint at Police Station Kabirdham, District Kabirdham (Chhattisgarh) stating that when her husband went to work in Bilaspur and her parents used to visit her at her maternal home in Kawardha, she became pregnant. When her pregnancy was around seven months, her mother, along with her maternal aunt Panchbai (present applicant) and one Ismile Khan, took her under the pretext of a medical check-up to J.J. Hospital, Torwa, Bilaspur. Where, without the victim's knowledge or consent, they got her pregnancy aborted on 10.05.2025. Based on her written complaint, a Zero FIR was lodged at Police Station Kabirdham on 27.05.2025. As the incident fell under the jurisdiction of Police Station Torwa, Bilaspur (Chhattisgarh), the FIR was registered there as Crime No. 232/2025 under Section 89 and 3(5) of the BNS. Subsequently, the applicant was arrested on 19.07.2025. Hence, the bail application. 3. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co- accused, namely, Panchbai Vishwakarma preferred a regular bail application bearing M.Cr.C. No. 7975 of 2025 before this Court, in which the the co- accused Panchbai Vishwakarma has been granted the benefit of regular bail. Hence, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicants of commission of offence and conducting abortion of the complainant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned 3 counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Panchbai Vishwakarma preferred a bail application bearing M.Cr.C. No. 7975 of 2025 before this Court, in which the the co-accused Panchbai Vishwakarma has been granted the benefit of regular bail bail, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicants – Gauri Vishwakarmam Jyoti Vishwakarma and Santoshi Chandrakar, involved in Crime No. 232/2025 registered at Police Station - Torwa, District – Bilaspur (C.G.), for the offence punishable under Section 89, Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings 4 against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey