1 2025:CGHC:54600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8919 of 2025 Smt. Sita Dhruw W/o Shri Bharat Singh Dhruw Aged About 25 Years R/o Village - Hardi (Kasarbaya), P.S. - Gariyaband, District - Gariyaband (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - The P.S. - Gariyaband, District - Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. N. Naha Roy, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as she has been arrested in connection with Crime No. 84/2025, registered at Police Station Gariyaband, District - Gariyaband (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.11 13:08:00 +0530 2 121(2), 324(4), 238 of the BNS. 2. The case of the prosecution in brief is that on 12.06.2025, the applicant was allegedly reported by one Hemant Singh Thakur, Security Personnel, that Asharam Dhruw, resident of Village Hardi (the applicant’s name being incorrectly mentioned in the FIR), along with his family members and the aid of a JCB machine, was attempting to take illegal possession of forest land. Upon receiving the said information, Forest Department officials namely Zakir Hussain Siddiqui, Ashok Sinha, Khileshwar Sahu, and driver Ghanshyam Yadav proceeded to the spot and found the applicant and his family members converting forest land for agricultural use with the help of the JCB. It is further alleged that, upon the arrival of the authorities, the applicant along with co-accused persons Thaneshwar Gond, Jhameshwar Gond, and their sister Sita, started abusing and assaulting the forest officials. They allegedly encircled the officers and, armed with an axe and bamboo rods, assaulted them and obstructed them from performing their official duties. On the basis of the complaint, an FIR was registered, and after due investigation, the police filed a charge-sheet against the applicant under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), and 238 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submit that the applicant is innocent and falsely implicated in this crime. He further submit 3 that the applicant is a lady and the prosecution has prepared a concocted case and the same is not substantiated with suitable evidence. Further, co-accused namely- Rohit Dhruw has already been granted by this Court in MCRC No. 7302/2025 vide order dated 17.09.2025 and the case of the present applicant is identical to that of the co-accused. So far as criminal antecedents of the applicant has concerned, to the best knowledge of the deponent, the applicant has no previous criminal antecedents registered against her. He lastly submits that the applicant is in jail since 12.06.2025 and charge-sheet has already been filed and it will take sufficient time for trial to be concluded, so looking to the long detention of the applicant, this Court may kind enough to allow the applicant for grant of regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant but could not dispute the fact that charge-sheet has already been filed and co-accused namely- Rohit Dhruw has already been granted by this Court in MCRC No. 7302/2025 vide order dated 17.09.2025 and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and the nature of the crime alleged against the applicant, its gravity and the nature of the case in totality and also the fact that co-accused 4 namely- Rohit Dhruw has already been granted by this Court in MCRC No. 7302/2025 vide order dated 17.09.2025 and the case of the present applicant is identical to that of the co-accused, the applicant has no previous criminal antecedent and she is languishing in jail since 12.06.2025, charge-sheet has already been filed and conclusion of the trial is likely to take some time hence, I am inclined to allow this application on the ground of parity. 7. 7. Let applicant, Smt. Sita Dhruw, involved in Crime No. 84/2025, registered at Police Station Gariyaband, District - Gariyaband (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 121(1), 132, 191(2), 126(2), 109(1), 121(2), 324(4), 238 of the BNS., be released on bail on his furnishing a personal bond with two sureties (each) 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 5 during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 him, in accordance with law, under Section Section 209 of 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 him 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 Abhishek