Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7486 of 2025 1 - Janki Bai Banjare W/o Shri Puniram Banjare Aged About 46 Years R/o Village- Khairtal, P.S. Nawagarh, Distt.- Janjgir-Champa (C.G.) Present Address Banjari Nagar, Raipur, Distt.- Raipur (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through- S.H.O., P.S. Nawagarh, Distt.- Janjgir- Champa (C.G.)
... Respondent(s) For Applicant : Shri Ravindra Sharma, Advocate. For Respondent : Ms. Priya Sharma, Panel Lawyer. For Objector : Shri Vaibhav A Gowardhan, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order
on Board
15.10.2025
1. Pursuant to the order dated 17.09.2025, the victim and her elder sister appeared before this court in person and submits that they have no objection in granting bail to the applicant. The submission is recorded.
2. This is first bail application seeking grant of bail to the Applicant who is in jail since 18.07.2025 in connection with Crime No.248/2025 registered at Police Station Nawagarh, District Janjgir Champa for the offence punishable under Sections 137(2), 64(2)(m) & 65(1) of BNS and Section 4& 6 of POCSO Act.
3. As per prosecution case, on 31.05.2025 a missing report was lodged by the uncle of victim that his minor niece is missing since 30.05.2025
2 and her whereabouts could not be traced out. The police registered an offence under Section 137(2) of BNS and started investigation. During investigation, the victim came back to her house on 09.06.2025 and then her elder sister took her to police station. The police recorded her statement. After recording her statement, the other offences were added. It also comes in the statement that the present applicant, who is mother of main accused, gave shelter to them when they were residing together. The present applicant was also arrested and charge sheet was filed.
4.
Learned Counsel for the applicant would submit that there is no allegation against the present applicant that she committed any offence. The applicant is the mother of main accused and being mother, she gave shelter to her son along with victim. She has not given harassment or ill treatment to victim while she was residing in her house. Therefore, the applicant, being a lady, may be released on bail as final adjudication may take sometime.
5. On the other hand the counsel for the State opposes the bail application.
6. Without commenting on merits, considering the totality of the facts and circumstances of the case, the nature of allegation and material collected during investigation against the present applicant, the fact that only allegation against the present applicant is that of providing shelter to main accused i.e. to her son, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail.
7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the
3 satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court.
8. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge inder