1 2025:CGHC:52690 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8575 of 2025 1 - Manora Bai W/o Sukhdev Aged About 50 Years R/o Village Basali Police Station Madanwada District Mohala-Manpur-Ambagarh Chowki C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Madanwada District Mohala-Manpur-Ambagarh Chowki C.G. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Dinesh Yadav, Advocate appears on behalf of Mr. Aditya Bhardwaj, Advocate For State-Respondent : Ms. Sunita Manikpuri, Dy. GA ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 29/10/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.31 11:38:28 +0530 2 been arrested in connection with Crime No.02/2025 registered at Police Station Madanwada, District Mohala-Manpur-Ambagarh Chowki (C.G.), for the offence punishable under Sections 93, 103 of BNS. 2. Case of the prosecution, in brief, is that on 27.05.2025, a newborn child was delivered at the house of the applicant's neighbour without the assistance of any medical personnel. At the time of delivery, the applicant Manora Bai, who resides in the same neighbourhood, was allegedly called to assist the woman during childbirth. It is alleged that after the child was born alive, the mother of the husband, namely Sunhara Bai, strangulated the newborn with her hands, causing its death. It is further alleged that the deceased infant was wrapped in a saree and buried near the pond with the help of other persons, including the present applicant Manora Bai. 3. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that the applicant however categorically denied having any knowledge or participation in the alleged act. She had merely gone to assist during the child birth being a neighbour and a woman form the same locality and had no role in any act of killing or concealment of body. He further contended that the applicant 3 has been implicated solely on the basis of statements made co- accused persons, which hold no evidentiary value unless corroborated by independent proof. The entire case of prosecution rests on circumstantial evidence. No direct eyewitness account is available to prove that the applicant committed or assisted in the act and the applicant is in jail since 02.06.2025 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that on the basis of memorandum statement of accused Sunay Bai attached to the case diary under Section 23 (2) of the Indian Evidence Act, it is shown that the dead body of the newborn baby was wrapped and buried along with Bisro Bai and the applicant- Manaro Bai of the village by digging out the mud and wet soil from the pond and covering it with soil, hence, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant involved in Crime No.02/2025 registered at Police Station Madanwada, District Mohala-Manpur-Ambagarh Chowki (C.G.), for the offence punishable under Sections 93, 103 of BNS, is rejected. Sd/- (Arvind Kumar Verma) Judge Vasant