1 2026:CGHC:2304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 47 of 2026 • Saroj Verma W/o M.L. Verma Aged About 66 Years R/o. Amodi, P.S. Gidhouri, District - Balodabazar (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Gidhouri, District - Balodabazar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Kumar Paranjpe, Senior Advocate with Mr. Kabeer Kalwani, Advocate For Respondent/State : Mr. Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is apprehending her arrest in connection Crime No.273/2025 registered at Police Station - Gidhouri District- Balodabazar (C.G.) for the offence punishable under Sections 105 and 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that the applicant/accused is a lady who has been retired from the post of Lady Health Visitor at a Primary Health Centre and is a qualified nurse. It is alleged that the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.16 11:00:34 +0530 2 deceased, namely Anju Prajapati, had conceived for the second time. On 08.06.2025 at about 6:00 P.M., owing to severe labour pain, the family members of the deceased took her to the house of the applicant/accused at village Amodi, District Balodabazar, who is a retired nurse.Upon examination, it was diagnosed that the deceased was about to deliver a child. The applicant/accused insisted and convinced the family members to conduct the delivery at her own residence. Pursuant to the said procedure, the child was born dead, and during the course of delivery, the deceased suffered excessive blood loss. Thereafter, the deceased was referred to Sanskar Hospital, Katgi for better treatment, where she remained admitted for about two hours and eventually passed away during the course of treatment. Thereafter FIR has been lodged against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent lady aged about 66 years old senior citizen and she has falsely been implicated in the case. It is further that the present applicant is a qualified nurse who superannuated from the post of Lady Health Visitor at a Primary Health Centre on 31.10.2021, and has devoted the majority of her professional life to public service, rendering medical care to patients, particularly in maternal and child health. The applicant has assisted in approximately 12,000 childbirth deliveries during the course of her entire career. He also submits that Anju Prajapati, was brought to the present applicant in an acute emergency situation due to labour pain, and a normal delivery took place. The present applicant, being a retired and qualified nurse, was left with no other viable option but to handle the emergent situation in order to save the life of the mother and the child. Upon realizing 3 that the deceased required advanced and specialized medical care, the applicant immediately and without any delay referred the deceased to Sanskar Hospital for better treatment and the owner of the said hospital is Johit Ram Sahu, where she remained admitted for about two hours and eventually passed away during the course of treatment. Further applicant is elderly woman aged about 66 years and suffering from hypothyroidism and diabetes therefore, it is prayed that the applicant may be enlarged on bail. 4. On the other hand, learned State counsel appearing for the non- applicant/State opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that the child was stillborn and the deceased died due to excessive bleeding, also considering the fact that applicant is a retired and qualified nurse of the Government Hospital, she is aged about 66 years old senior citizen, hence this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Saroj Verma involved in Crime No.273/2025 registered at Police Station - Gidhouri District-Balodabazar (C.G.) for the offence punishable under Sections 105 and 3(5) of BNS, 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 he shall not seek any adjournment on the dates fixed for evidence when the 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of 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 him, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office 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 vaishali