1 2025:CGHC:53439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8667 of 2025 Anupma Toppo D/o Binay Prakash Toppo Aged About 35 Years R/o Vill. Girang, Akhada Para, Tehsil- Jashpur, Post - Gholeng, Distt.- Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Pathalgaon, Distt.- Jashpur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Rohit Kumar Shrivastava, Advocate as well as Mr. Arpan Pradhan, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 185/2025 registered at Police Station- Pathalgaon, District- Jashpur (C.G.), for the offence punishable under Sections 80 and 81 of the Juvenile Justice. 2. Case of the prosecution, in brief, is that, the complainant Sukhdev Nag, resident of Village Kodkela, P.S. Pathalgaon, District Jashpur, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 lodged a written report at Police Station Pathalgaon stating that on 28.08.2025, the complainant's wife delivered a female child at the Government Hospital, Patthalgaon. On 30.08.2025, when the wife of the complainant were to be discharged, the Nurse Anupama Toppo (applicant) allegedly took the newborn child on the pretext of vaccination and informed that the child's condition was serious and required treatment outside. Thereafter the two persons, namely Nishikant Minj and his wife Suman Wani Minj (both have already been granted bail this Court vide order dated 09.10.2025 in MCRC No. 7992/2025, a copy of order dated 09.10.2025 is filed herewith as ANNEXURE A/2), were introduced to the complainant, and on the assurance that they would bear the expenses of treatment and return the child after recovery, the child was taken away. Thereafter, despite repeated requests, the child was not returned, and the complainant came to know that the child had been illegally given to the said couple. On the basis of the complaint, the police registered an FIR dated 14.09.2025 bearing crime no. 185/2025 under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and investigation was set in motion against the accused persons. 3. Learned counsel for the applicant submits that the applicant not acted in the manner as it is alleged by the prosecution. They further submits that the co-accused persons namely Nishikant Minj and Suman Vaani Minj have been granted bail by this Court in MCRC No.7992/2025 vide order dated 09.10.2025 and the case of the present applicant is better than the case of co-accused persons, 3 who have been granted by this Court and the applicant is in jail since 14.09.2025 and the conclusion of the trials is likely to take some time therefore, they prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that in the present case, charge-sheet has not yet been filed before the competent Court however, looking to the seriousness of this case, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 14.09.2025 and further the fact that the co-accused persons namely Nishikant Minj and Suman Vaani Minj have already been granted bail by this Court in MCRC No.7992/2025 vide order dated 09.10.2025 and the case of the present applicant is better than the case of co-accused persons and in the present case, charge-sheet has not yet been filed before the competent Court further the applicant has no criminal antecedent, thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Anupma Toppo, involved in Crime No. 185/2025 registered at Police Station- Pathalgaon, District- Jashpur (C.G.), for the offence punishable under Sections 80 and 81 of the Juvenile Justice, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. 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 her, in accordance with law, under Section 209 of the 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse 5 of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal