1 2025:CGHC:50088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7947 of 2025 Smt. Sonamani Bhuiya W/o Sanjay Bhuiya Aged About 35 Years R/o Village Sidhma Police Station Rajpur Tehsil Rajpur, District Balrampur-Ramanujganj C.G. (Wrongly Mentioned Applicant Name As Sonwani Bhuiya And State Name As Jharkhand In Order Sheet Cause Tittle) ... Applicant versus State Of Chhattisgarh Through Out Post Bariyo, Police Station Rajpur, District Balrampur-Ramanujganj C.G. ... Non-applicant For Applicant : Ms. Prachi Diwan, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.10.2025 1. This 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.144/2025 registered at Police Station - Out Post Bariyo P.S. Rajpur District Balrampur-Ramanujganj (C.G.), for the offences punishable under Sections 296,351(2),115(2),3(5) & 109 of the Bhartiya Nyaya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 18:52:49 +0530 2 Sanhita, 2023. 2. As per prosecution story in brief is that on 21.06.2025 at about 12 AM complainant's maternal grandfather's field(land) was pledged for 30,000/- to Bharosa. Which was redeemed by his father 4 year back, and he continues cultivating till date. And the same land was again pledged by his maternal grandfather, that on the date of offence accused father Akbar opposed the same land to be pledged again, than Amirnaath, Sumeernath, Sanjay and Sonamani who are the resident of same village, by abusing Amirnath and his father Akbar and attacked with sharp Basula in their head, Amarnath and Sanjay attacked with lathi and bow, meanwhile Sonamani also attacked with her bow. 3. The applicant submits that he is innocent and has not committed any offence, and that the prosecution has falsely and maliciously implicated him in the present case. The applicant was not directly involved in the dispute however, there was a previous dispute of land between the applicant’s husband and the family of the complainants. On the date of the alleged offence, an argument had occurred between both families regarding the possession of land. It is submitted that the son of the applicant, who is a juvenile, has already been granted bail. She further submits that her husband is already in jail and the applicant is the only female member of her family and is solely engaged in agriculture and household work, making it extremely difficult for the rest of the family to survive in her absence. The applicant has been in judicial custody since 05.07.2025. She is a permanent resident of the address mentioned in the cause title and 3 possesses both movable and immovable property at the same address, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant assaulted injured resulting in grievous injuries. Therefore, the present applicant is not entitled to be granted regular bail in this case. 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, the nature of the injury sustained by the injured being simple, further considering that the present applicant has no criminal antecedents, and noting that the charge-sheet in the present case has already been filed and that the applicant has been in judicial custody since 05.07.2025, and further observing that the case of the applicant is distinguishable from that of her husband, namely Sanjay Bhuiya, as the conclusion of the trial is likely to take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Smt. Sonamani Bhuiya, involved in Crime No.144/2025 registered at Police Station - Out Post Bariyo P.S. Rajpur District Balrampur-Ramanujganj (C.G.), for the offences punishable under Sections 296,351(2),115(2),3(5) & 109 of the Bhartiya Nyaya 4 Sanhita, 2023., be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she 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 their counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant 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 against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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. If in the opinion of the trial court absence of the applicant is 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 her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav