1 2025:CGHC:17221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1448 of 2025 Meera Pandey Alias Uma Pandey W/o Sunil Pandey Aged About 55 Years R/o Village Kantiprakashpur, Police Station Rajwarpara, P.S.And Tehsil Ambikapur, District Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Kotwali Ambikapur, District Surguja Chhattisgarh. ... Non-applicant For Applicant : Mr. Rohit Sharma, Advocate. For Non-applicant/State. : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Amarnath Pandey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 06/2025 registered at Police Station Kotwali Ambikapur, District – ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.21 14:41:27 +0530 2 Surguja (C.G.), for the offences punishable under Sections 326(G), 61(a) and Section 49 of the Bhartiya Nyaya Sanhita, 2023. 3. As per the brief facts of the prosecution case, the complainant victim lodged the instant FIR bearing No. 06/2025 at Police Station Kotwali Ambikapur, District Surguja (C.G.), for offenses punishable under Sections 326(g), 61(a), and 49 of BNS. The complainant alleges that an attempt was made to set his shop, situated at Agrasen Ward Ambikapur, ablaze on fire with the aid and conspiracy of the present applicant on 03.02.2025. The police registered FIR No. 06/2025, investigated the matter, and based on the perusal of CCTV footage, arrested co-accused individuals who were involved in the aforementioned offense, namely Chhotu Choudhary, Tannu Sonwani, and Sameer Khan. It is further alleged that based on the deposition of the accused, the police inculpated the present applicant and arrested her on 11.01.2025. 4. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the applicant has 04 criminal antecedents under the IPC, for which he has already been given explanation in the bail application. He further submits that the present applicant was earlier on cordial terms with the complainant and, upon the complainant's request, allowed the complainant to take the applicant's shop on rent. However, the complainant has illegally refused to vacate the shop, forcing the applicant to approach the Rent Control Tribunal for eviction of the complainant's illegal possession. He further submits that the complainant wants to 3 threaten the accused and, with the intention of encroaching upon the applicant's shop perpetually, has deliberately lodged FIRs on multiple occasions. Due to previous animosity, the complainant has lodged multiple FIRs and tried to falsely inculpate the present accused. He further submits that the applicant is in jail since 11.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 5. 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. She further submits that the applicant has 07 criminal antecedents under the IPC, shows that the applicant is a habitual offender, therefore, she is not entitled for grant of regular bail. 6. Learned counsel for the objector vehemently opposes the bail application of the applicant. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, from a perusal of the case diary, it appears that there is a dispute between the parties regarding the vacation of the applicant's shop, further the applicant, a lady is in jail since 11.01.2025 and the charge-sheet has already been submitted before the competent Court in the present case, 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. 4 9. Let the Applicant – Meera Pandey Alias Uma Pandey, involved in Crime No. 06/2025 registered at Police Station Kotwali Ambikapur, District – Surguja (C.G.), for the offences punishable under Sections 326(G), 61(a) and Section 49 of the Bhartiya Nyaya Sanhita, 2023, 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 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. 5 (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. 10. 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