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2025 DAILYLAW 54350 (CHH)

SMT. JYOTI SHARMA v. STATE OF CHHATTISGARH

MCRCA/1854/2025 · 2025-11-24

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Judgment text

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1 2025:CGHC:57285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1854 of 2025 Smt. Jyoti Sharma W/o Shesh Narayan Sharma Aged About 49 Years Resident Of Street- No.30, Sector 01, Police Station - Bhilai Tehsil And District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through The S.H.O. - G.R.P. Bhilai, District- Durg (C.G.) ... Respondent For Applicant : Shri Aman Tamrakar, Advocate. For Respondent/State : Ms. Supriya Upasne, GA. For objector : Ms. Rajni Soren, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/11/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.116/2021 (correct FIR No. mentioned as per FIR copy) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.26 16:55:15 +0530 2 registered at Police Station – G.R.P. Bhilai, District- Durg (C.G.) for the offences punishable under Sections 147, 149, 294, 323, 427, 452 and 506 of IPC. 2. Case of the prosecution, in brief, is that on 07.11.2021 the complainant Rukhmani Sonwani, lodged a report that in the prayer room located in her house which is built inside the boundary wall of her house, she has been praying for the last 15 years. at about 9:30 am, present applicant with the intention of insulting her religion, forcibly came with a stick along with about 30 to 35 people with her, whose names she knows. One of the co- accused namely Bhim Sonwani and others entered in the room, a video of which was captured. During the sudden quarrel took place between them and she fell down and the present applicant and others threatened and verbally abused, and assaulted women, and threatened children due to which one Anita Nag, suffered injuries to her right cheek and Yogesh Sonwani sustained injuries in left shoulder, and Kishore Solanki was beaten in hands with a bamboo stick. They also damaged the chairs, tables, bedding, sound boxes, ceiling fans, coolers, electricity meters, donation boxes, and other items inside the building. They also broke a donation box containing Rs.50,000 to Rs.60,000, which was not found at the scene. Based on the complainants written report, a F.I.R No. 116/2021 was filed against the applicant and other accused by the Police of Police Station, GRP, Bhilai 3 offences under sections 147, 149, 294, 323, 427, 452, 506 of the Indian Penal Code. 3. It has been argued by learned counsel for the applicant that the applicant along with other accused persons who were 35 in number had attacked the house of complainant and where it is stated that some prayer service was going on. It is submitted that the four persons who have received injuries are simple in nature. It is stated that the applicant came to know about the present case through social media that she was wanted, hence she has come up before this court for grant of anticipatory bail. It is stated that some of the accused persons were arrested and they were granted regular bail by the trial court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. Learned counsel for the objector vehemently opposes the prayer for grant of anticipatory bail and she would submit that the applicant has also participated in the incident and four persons have received injuries and further she has a criminal antecedents of two cases which she has mentioned in para 5 of the objection to which learned counsel for the applicant submitted that so far as the two criminal antecedents which has been pointed out, one is of the year 2021 whereas the other there is a zero FIR and it is 4 not certain that whether the applicant is wanted in the said case or not. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant, further the fact that applicant being a lady and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Jyoti Sharma, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on 5 each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri