1 2026:CGHC:6771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1331 of 2026 Kaushilya Maheshwari W/o Mukesh Maheshwari Aged About 37 Years R/o House No. 268, New Labhandi, Suraj Nagar, Krishak Nagar, Ward No.- 28, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Telibandha, Distt.- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 697/2025 registered at Police Station 2 Telibandha, Distt.- Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 27.10.2025 at about 7:00 PM, near the Ram Mandir area under Police Station Telibandha, Raipur, two unknown persons arrived on a motorcycle bearing registration No. CG-04-LV-7657. The said persons allegedly abused the complainant, forcibly snatched his gold chain, and when the complainant resisted, they threatened him with a knife and fled from the spot. On the basis of the said incident, an FIR was lodged at Police Station Telibandha, Raipur, which has been annexed as Annexure A/2. During investigation, it is alleged that the present applicant was found to be in possession of the stolen gold ornament (gold chain with locket). On the basis of the alleged recovery, the prosecution contends that the present applicant was involved in the offence and accordingly she was arrested in the present crime. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that during the course of investigation, the police alleged that co-accused Hasmukh Mahanand was driving the two-wheeler bearing registration No. CG-04-LV-7657 at the time of the incident. On inquiry, he allegedly stated that he along with main accused Dharmendra 3 Tandon committed the offence and thereafter handed over the stolen articles to the present applicant. On the basis of such disclosure statement alone, the present applicant has been falsely implicated in the crime merely because she is a relative of the main accused. He also submits that the ornaments allegedly seized from the present applicant are ordinary household ornaments, which are commonly found in every household, and the same cannot be specifically connected with the alleged offence or treated as conclusive proof of her involvement in the present case. The applicant is in jail since 07.12.2025, the applicant has no criminal antecedent, charge-sheet has been filed and 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 State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the allegation against the applicant is that she was found in possession of the stolen gold chain and locket, which were allegedly handed over to her by the main accused after the commission of the offence, which shows her involvement in the alleged offence, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of offence, period of detention of the applicant since 07.12.2025, the fact that though the allegation against the applicant is that she was found in possession of the stolen gold chain and locket, which were allegedly handed over to her by the main accused after the commission of the offence, but considering the fact that the present applicant is a lady and has no criminal antecedent, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Kaushilya Maheshwari, involved in Crime No. 697/2025 registered at Police Station Telibandha, Distt.- Raipur (C.G.) for the offence punishable under Sections 309(4), 3(5) of BNS, be released on bail on her furnishing a 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 sufficient cause, the trial court may proceed 5 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. (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 her in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil