1 / 4 2025:CGHC:59570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9302 of 2025 Kanti @ Sushila W/o Virendra Kumar Kurre, Aged About 45 Years R/o- Bilari, P.S. Sheorinarayan, District Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Sheorinarayan, District Janjgir Champa (C.G.) ... Respondent For Applicant : Mr. V.R. Tiwari, Sr. Advocate along with Mr. Atul Kesharwani, Advocate For State /Respondent : Mr. Ajit Singh, GA For Objector : Mr. Anshit Singh Hora, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 02/06/2025 in connection with Crime No. 208/2025, registered at Police Station Sheorinarayan, District Janjgir- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.09 11:16:04 +0530 2 / 4 Champa, C.G. for the offence punishable under Sections 191(2), 191(3), 109(1), 103(1), 103(2) & 61 (2) of B.N.S. 2. The case of the prosecution in brief is that on 02/06/2025 in the morning at about 9.00 o’clock while the complainant was standing outside his house after taking bath at that time his elder son Virendra along with his two sons Rajesh & Rakesh and wife Kanti alias Sushila came there and asked for immediate partition of the land and during that time the present applicant started assaulting the complainant by way of hands and fists and Rajesh & Rakesh took knife and one dagger like weapon and Sushila took a club and Rajesh & Rakesh with an intention to kill the complainant assaulted him on his neck, head and body and when the other family members including one pregnant lady tried to intervene they also assaulted them and due to which the grandson of the complainant got seriously injured and he succumbed to the said injuries. Thereafter, the report was lodged and the accused persons were arrested. 3. Learned counsel for the applicant would submit that the main accused in this case are Rajesh & Rakesh who have assaulted by way of dagger like weapon and knife. He would next contend that the present applicant has caused injury by way of a wooden club. He would next contend that the present applicant is a lady aged about 45 years. He would next contend that initially the allegations were not leveled against the present applicant and it is only in the subsequent second statement made by the witnesses. He would next contend that the similarly placed co-accused namely Virendra has been granted bail by this Court in MCRC No.8386 3 / 4 of 2025. He would lastly contend that the present applicant being a lady is in jail since 02/06/2025, therefore, she may be enlarged on bail. 4. Per contra, learned State counsel as well as the learned counsel for the objector oppose the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Perusal of the documents would show that the main accused in this case are Rajesh & Rakesh who have assaulted the deceased by way of dagger like weapon & knife and further considering the fact that initially the allegations were not leveled against the present applicant and the co- accused person namely Virendra Kumar Kurre has been enlarged on bail in MCRC No.8386 of 2025 and further considering the fact that the applicant is a lady aged about 45 years she is lodged in jail since 02/06/2025, therefore, I am inclined to release the applicant on bail. 7. Let applicant Kanti @ Sushila, involved in Crime No.208/2025, under Sections 191(2), 191(3), 109(1), 103(1), 103(2) & 61 (2) of B.N.S., police station Sheorinarayan, District Janjgir-Champa, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount 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. 4 / 4 (ii) the applicant shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 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 209 of Bhartiya Nyay Sanhita, 2023. (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 2023. 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 them in accordance with law. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu