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2025 DAILYLAW 7663 (CHH)

REETA DEVI v. STATE OF CHHATTISGARH

MCRC/1066/2025 · 2025-02-06

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:6793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1066 of 2025 1 - Reeta Devi W/o Jaiprakash Yadav Aged About 35 Years R/o Village Chera Barunpara Police Chouki Dindo Police Station Trikunda District - Balramapur - Ramanujganj (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Trikunda District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Applicant : Mr. Basant Kaiwartya, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 06/02/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 25/2024, registered at Police Station Trikunda, District- Balrampur-Ramanujganj (CG) for the offence punishable under Section 302, 201, 498(A), 34 of IPC 2 2. Prosecution story in brief is that the accused Jaiprakash Yadav, Rita Devi, Ashish Yadav, Lilesh Yadav murdered Pooja Yadav, wife of Ashish Yadav, village Chera Varunpara, outpost Dindo, Police Station Trikunda, District- Balrampur, Ramanujganj (C.G.) in the night of 14.05.2024 and threw the body in the well of Ramjeet. On the basis of inquest, crime number 25/2024 under Section 302, 201 and 34 of IPC has been registered against Jaiprakash Yadav, Rita Devi, Ashish Yadav, Lilesh Yadav, and taken into investigation. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. There is no material on the hand of the prosecution to connect the applicant with the above mentioned crime. There is no admissible material/evidence against the applicant. The applicant is in jail since 17.05.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties at length and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, that the applicant has no criminal antecedent and the fact that the father-in-law of the deceased has beaten the deceased and after 3 her death the present applicant came and helped the other co- accused (main accused) to destroy the evidence. Therefore, looking to the involvement of the present applicant, also, 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- Reeta Devi, involved in Crime No. 25/2024 registered at Police Station Trikunda, District - Balrampur- Ramanujganj (C.G.), for the offence punishable under Section 302,201,498A, 34 of IPC be released on bail on her furnishing a bail bond of Rs. 25,000/- 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 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his 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 their presence, proclamation under Section 84 of 4 BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya 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 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima