1 2025:CGHC:56111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9284 of 2025 Fiza Raza W/o Moh. Irfan Khan, Aged About 24 Years, R/o Moudhapara, Tahsil and Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Civil Lines, Raipur, Distt. Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Ali Afzaal Mirza, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 479/2025, registered at Police Station – Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 281, 296, 3(5) and 351(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’) 2. As per the case of the prosecution, in brief, the complainant (the husband of the present applicant) was travelling on 04.10.2025 with his friend, Poonam Mishra, at about 01:00–01:30 a.m. Near Ambedkar Square, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.19 12:18:15 +0530 2 applicant and the other co-accused persons, while travelling in their car, allegedly dashed the complainant’s car, namely Maruti Suzuki Fronx bearing registration No. CG 04 QJ 9195. However, the complainant and his friend were safe and did not sustain any injuries in the collision. Thereafter, the applicant and the other co-accused persons started hurling abuses at the complainant and his friend, Poonam Mishra, and subsequently assaulted the complainant using some object. Due to the assault committed by the accused persons, the complainant sustained injuries on his head, left hand, ear, and head, while his friend sustained injuries on her hand and head. On the basis of the aforesaid information, an FIR was registered as Crime No. 479/2025 for offences punishable under Sections 115(2), 281, 296, 3(5), and 351(2) of the BNS, 2023, against the present applicant. Subsequently, during the investigation, Section 109 of the BNS, 2023 was also added, which is reflected in the impugned order dated 17.10.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the applicant is the wife of the complainant, and she had seen her husband with another woman on his vehicle, and it was he who had dashed into some person. Despite this, the present FIR has been lodged by the complainant her husband against his own wife. It is further submitted that the applicant has no previous criminal antecedents, the charge-sheet has not yet been filed, and the applicant has been in jail since 14.10.2025. Since the trial is likely to take a long time to conclude, she prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has not been filed in the present case. 3 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is the wife of the complainant, and she had seen her husband with another woman on his vehicle, and it was he who had dashed into some person, despite this, the present FIR has been lodged by the complainant her husband against his own wife, further the applicant has no previous criminal antecedents, the charge-sheet has not yet been filed, and the applicant is in jail since 14.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Fiza Raza, involved in Crime No. 479/2025, registered at Police Station – Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 115(2), 281, 296, 3(5) and 351(2) of Bharatiya Nyay Sanhita, 2023 (in short ‘B.N.S.’), 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:- (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 4 counsel. In case of her absence, without sufficient 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-- (Ramesh Sinha) Chief Justice Preeti