1 2025:CGHC:10952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1254 of 2025 1 - Champi Bai Baghel W/o Chetan Das Baghel Aged About 36 Years R/o Village - Baba Sighori, Chowki- Devarbija, Police Station And District- Bemetara ( C.G. ). ... Applicant versus 1 - State Of Chhattisgarh Through- Chowki- Devarbija, Police Station And District- Bemetara ( C.G. ). ---- Non-applicant For Applicant : Shri Diwesh Kumar, Advocate. For Non-applicant : Shri K.L. Sahu, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 05.03.2025 1. The applicant has preferred this second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as she is in jail since 19.05.2024 in connection with Crime No. 290/2024 registered at Police Station Chowki - Devarbija, District – Bemetara (C.G.) for the offence punishable under Sections 302, 323, 34 of IPC. KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.03.06 10:42:50 +0530 2 2. Case of the prosecution, in brief is that the complainant filed complaint alleging that on 18.01.2024, he cut tree at his agricultural field which was lying on his field. Next morning his wife and sons Yogesh Sahu and Nageshwar Sahu had gone to the field and he had gone to Hardgaon to work as Mason. Between 12:30 pm to 1:00 pm he received telephonic call from his elder son Yogesh that the applicant and her husband had come on a bullcart and applicant’s husband was abusing his deceased wife that the tree belonged to the accused. When the deceased wife objected them, the applicant’s husband attacked her by Axe with intent to kill her and pushed her to the field and the applicant chased both the sons with Axe in her hand. Any how they escaped from the spot and saved their life. Upon receiving the information, the complainant rushed to the spot and found his deceased wife lying on field in injured condition. Her both the legs were cut and she was breaching at that time but breathed her last after moving a short distance from the spot. Seeing them, the applicant’s husband reached there also tried to attack on the complainant by Axe, he received injury on his right shoulder. Based on the complaint, the FIR was lodged. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case, she has not played any role in committing the offence. The witnesses have not stated anything against her. To substantiate his submission, he would refer to the statement of the PW/1 Rohit Kumar Sahu wherein he has not stated anything against her and similarly, other witnesses also have not stated anything against her, therefore, prayed that the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and would submit that PW/1 Rohit Kumar in paragraph-4 has 3 categorically stated that the applicant had chased his two sons armed with Axe with an intention to kill them. This witness was not cross- examined on this aspect. PW/2 Nageshwar who was eye witness to the incident has stated that the applicant along with her husband had come to the field and when the co-accused Chetan was assaulting his mother, at that time, the applicant had chased him and his borther with an Axe in her hand with intention to kill them. There is no rebuttal to this statement, therefore, would pray for dismissal of the present bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From the perusal of the diary and the materials collected during the investigation, it is found that applicant was present at the place of occurrence of the offence and she has cooperated the co-accused in committing the grievous offence, therefore, I am of the view that this is not a fit case to release the applicant on bail. 7. Accordingly, the bail application filed by the applicant is dismissed. Sd/- (Narendra Kumar Vyas) Judge Deshmukh