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2026 DAILYLAW 12541 (CHH)

SMT. DHANESHWARI SINGH v. STATE OF CHHATTISGARH

MCRC/4168/2026 · 2026-05-04

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:20908 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4168 of 2026 Smt. Dhaneshwari Singh W/o Jawahar Singh @ Jawahirlal Aged About 26 Years Caste- Gond, R/o Village- Shivprasadnagar, Police Chowki- Basdei, Police Station- Surajpur, Tehsil- Bhaiyathan, District- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh through Station House Officer, Out Post Basdei, Police Station- Surajpur, Tehsil- Bhaiyathan, District- Surajpur (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Aman Upadhyay, Advocate For State-Respondent : Ms. Nand Kumari Kashyap, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 05/05/2026 1. This is second bail application. The first bail application MCRC No. 8563 of 2024 is rejected on merit by this Court vide order dated 17.01.2025. The second bail application filed under Section VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.05.06 17:51:33 +0530 2 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.516/2024 registered at Police Station Surajpur, District Surajpur (C.G.), for the offence punishable under Sections 103(1), 3(5) of BNS. 2. The prosecution story in brief is that, on 27.08.2024 at about 4 o’clock, deceased Indrapal Singh has altercating with his elder brother Jawahir Singh. Thereafter, Jawahir Singh and applicant who is wife of Jawahir Singh together assaulted Indrapal Singh and also strangulated to death. Thereafter, deceased died and therefore, the offence under Sections 103(1) and 3(5) of BNS, 2023 has been registered against the applicant. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that out of 20 prosecution witnesses, 10 prosecution witnesses have been examined and they are not supporting the case of prosecution. He further contended that the applicant is in jail since 13.09.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State Counsel opposes the submission made by learned counsel for the applicant and contended that the other prosecution witnesses are remained to be examined and there is no change in 3 circumstances to consider this application, therefore, applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts of the case, material available in the case diary. Further considering the fact that the first bail application has already been rejected on merits by this Court and there is no change in circumstances to consider this repeat bail application. Therefore, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant stands rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) Judge Vasant