1 2025:CGHC:58876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9904 of 2025 Sadhna Agrawal @ Bhuri @ Muskan D/o Govind Agrawal Aged About 19 Years R/o Behind Shyam Chambers P.S. Kabir Nagar District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Kabir Nagar, Raipur District Raipur Chhattisgarh ... Non-applicant For Applicant : Ms. Anuja Sharma, Advocate. For Non-applicant/State. : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 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. 105/2025 registered at Police Station Kabir Nagar, District - Raipur (C.G.), for the offences punishable under Section 105 and Section 3(5) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story, it is alleged that the deceased was in the car with the applicant and the co-accused, and due to a drug overdose, the applicant and the co-accused allegedly threw him out of the vehicle. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.05 18:29:00 +0530 2 The deceased was taken to the hospital by the 112 vehicle, however, he succumbed to the drug overdose. It is submitted that the investigation is complete and the police have already filed the charge-sheet before the learned Court. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. She submits that the Police have already filed the charge-sheet before the learned Trial Court, there is no necessity to keep the applicant in custody. Moreover, the MLC of the victim clearly does not support the case of the prosecution or indicate any role played by the applicant. She further submits that the material collected by the prosecution does not satisfy the essential ingredients required to constitute the offences alleged against the present applicant. It is submitted that neither the MLC report nor the query report supports the prosecution’s case. No overt act has been attributed to the present applicant, and the allegations are based merely on conjectures and surmises. She submits that the other co-accused person, namely, Santosh Mishra, has already been granted regular bail by this Court in MCRC No. 6911 of 2025 vide order dated 27.10.2025. She also submits that the present applicant has no criminal antecedents and she in jail since 25.06.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and from a perusal of the case diary, it transpires that the applicant, who is a 3 19-year-old girl, along with the deceased, had consumed drugs together. Further, there is no evidence to show that the applicant administered any heavy dose of drugs to the deceased. Also Considering that the applicant has no criminal antecedents and has been in jail since 25.06.2025, and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sadhna Agrawal @ Bhuri @ Muskan, involved in Crime No. 105/2025 registered at Police Station Kabir Nagar, District - Raipur (C.G.), for the offences punishable under Section 105 and Section 3(5) of the Bhartiya Nyay Sanhita (BNS), be released on bail on furnishing 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 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 4 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 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek