Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8528 of 2025 1 - Salma Begam @ Rabo D/o Khajamat Ali, Aged About 36 Years R/o Village Kolaibahul Jamgaon, Tendudipa, District Raigarh (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sariya, District Raigarh (C.G.)
... Respondent For Applicant : Mr. Prabhat Kumar Saxena, Adv. For State : Mr. G.L. Uikey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/11/2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 51/2025 registered at Police Station Sariya, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 137(2), 65/1, 142, 87 of BNS, 2023 and Sections 4, 6, 17, 18 of POCSO Act. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.11.10 14:20:52 +0530
2
2. The first bail application of the applicant was dismissed for want of prosecution on 07.07.2025 in MCRC No. 3849/2025. 3. There are a total of 5 accused persons, including one juvenile, in this case. As per the prosecution’s case, on 05.04.2025, co-accused Ayan Khan abducted the minor victim with the help of other co-accused persons and took her to Jharsuguda at the house of the present applicant, who is the mother of Ayan Khan, where Ayan Khan committed sexual intercourse with her. The allegation against the present applicant is that he gave shelter to the main accused, Ayan Khan, and based on this offence has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there are total 22 witnesses in this case out of which 5 witnesses including the victim have been examined. The victim has not stated anything against the present applicant. He further submits that in the present case, 2 other co-accused persons namely Ayush Dongri and Rohit Rajput have already been granted bail by this Court in MCRC No. 7503/2025 on
09.10.2025. The applicant is lady and is in jail since 10.04.2025, and the trial is likely to take considerable time
3 to conclude. Therefore, he prays for the grant of regular bail to the applicant. 5.
On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant is involved in the crime in question as the victim was recovered from the house of the present applicant; therefore, at this stage, she may not be enlarged on bail. 6. The victim along with her father, appeared through video conferencing from the concerned DLSA and recorded their no objection to grant bail to the applicant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and also considering the fact that two co-accused has already been granted bail by this Court, the victim has been examined before the trial Court, the victim and her father has no objection to grant bail to the applicant, the applicant is a lady and is in custody since 10.04.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs. 25,000/- with
4 one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Sanjay Kumar Jaiswal)
Judge H.L. Sahu