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2025 DAILYLAW 8007 (CHH)

MISS AKANSHA @ ANSHU SHARMA v. STATE OF CHHATTISGARH

MCRC/1211/2025 · 2025-02-12

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Judgment text

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1 2025:CGHC:7538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1211 of 2025 Miss Akansha @ Anshu Sharma D/o Kamlesh Sharma Aged About 21 Years R/o High Tech Colony Type 02/t / 835 Bacheli District - Dantewada (C.G.) ... Applicant versus State of Chhattisgarh Through The Police Station Bacheli District - Dantewada (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 43/2024, registered at Police Station Bacheli District - Dantewada (C.G.) for the offence punishable under Sections 137(2), 140(1) & 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. The prosecution story in brief, is that on September 18, 2024, the complainant, Smt. Choti Kunjam, lodged a missing person report against the applicant. She alleged that while she had gone to refill water from a nearby tap, the applicant took her 18-day-old younger son with her. Based on this complaint, the police registered a case against the applicant and subsequently arrested her. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.13 13:27:53 +0530 2 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant wants to adopt the younger son of the complainant with her consent, but some dispute has arose between the parties and thereby a false case was registered against the present applicant, the applicant was taking the child for a ride so that she can spend some time and mix up with him. He further submits that the other co-accused person namely Sahil Ahmad has been enlarged on bail by this Court vide order dated 07.01.2025 in MCRC No. 20/2025. The present applicant is a young girl and she is languishing in jail since 19.09.2024 and the charge-sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time hence, he prays for grant of bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the examination of the case reveals that the present applicant hatched a conspiracy to kidnap and murder an 18-day-old baby. The investigation also reveals that the newborn was recovered from the possession of the present applicant, who had kept the baby in a bag in an insecure manner, which could have resulted in the loss of the newborn's life. This kind of kidnapping also reveals the criminal mindset of the accused. Hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the though the co-accused person namely Sahil Ahmad has been enlarged on bail by this Court vide order dated 07.01.2025 in MCRC No. 20/2025, on the ground that he is driver of the auto rickshaw and he was hired by the present applicant, but the present applicant hatched a conspiracy to kidnap and murder an 18-day-old baby and investigation also reveals that the newborn was recovered from the possession of the present applicant, who had kept the baby in a bag in an insecure manner, which could have resulted in the loss of the newborn's life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Miss Akansha @ Anshu Sharma, involved in Crime No. 43/2024, registered at Police Station Bacheli District - Dantewada (C.G.) for the offence punishable under Sections 137(2), 140(1) & 3(5) of the Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan