1 2025:CGHC:50592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7975 of 2025 Panchbai Vishwakarma W/o Mahadev Vishwakarma Aged About 32 Years R/o Diprapara, Chichirda, District - Balodabazar Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Torwa, Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Siddhant Tiwari, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 232/2025 registered at Police Station Torwa, Bilaspur (C.G.) for the offence punishable under Sections 89 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 27.05.2025, the victim AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 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 applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that at the time of the incident, the victim was a minor and she was influenced by one Ajay Thakur, against whom a missing person report was lodged. He also submits that the victim was coerced and threatened by Ajay Thakur, and, as a result, she lodged the present case against the applicant and co-accused. The applicant is in jail since 19.07.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 3 She further submits that present applicant is the maternal aunt of the victim, and she is alleged to have taken the victim to the hospital under the pretext of a medical check-up and, without the victim’s knowledge or consent, got her seven-month pregnancy aborted, therefore, she is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 19.07.2025, the fact that though the applicant is alleged to have taken the victim to the hospital under the pretext of a medical check-up and, without the victim’s knowledge or consent, got her seven-month pregnancy aborted, but considering the fact that she is the maternal aunt of the victim and earlier she had lodged an FIR against the husband of the victim with whom she eloped and due to the said animosity, present FIR has been lodged against the applicant, further considering the statement of victim recorded under Section 183 of BNSS and the fact that she has no criminal antecedent, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Panchbai Vishwakarma, involved in Crime No. 232/2025 registered at Police Station Torwa, Bilaspur (C.G.) for the offence punishable under Sections 89 and 3(5) of Bharatiya Nyaya Sanhita, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned 4 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 her 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 misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil