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2026 DAILYLAW 13846 (CHH)

AASIMA RAO v. STATE OF CHHATTISGARH

MCRC/3258/2026 · 2026-05-04

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Judgment text

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1 2026:CGHC:21018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3258 of 2026 Aasima Rao W/o Nikhil Rao Aged About 26 Years R/o Nurani Chowk, P.S. Civil Line, Distt. Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Mujgahan, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2026 1. 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. 251/2025 registered at Police Station - Mujgahan, District - Raipur, (C.G.), for the offences punishable under Sections 310(2), 74, 115(2), 127(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. The prosecution case, as set out in the written complaint, is that the complainant along with her sister had gone to deliver food to their brother, Atal Kumar Bhagat. During this time, they were allegedly intercepted by three men and one woman, who represented themselves to be police officials. It is alleged that the accused persons assaulted the complainant and her sister, restrained them by tying them up, and demanded a sum of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.06 16:55:44 +0530 2 Rs. 2,00,000/- from them. As per the FIR, the accused persons allegedly committed robbery by taking Rs. 7,000/- in cash from the complainant’s purse. They further compelled the complainant to withdraw Rs. 9,000/- from an ATM. In addition, the accused are alleged to have taken away various articles, including an ATM card, Aadhaar card, PAN card, one iPhone, one Asus laptop, a gas cylinder, and a Honda Activa bearing registration number CG04 QN 6399. The total value of the allegedly stolen property is stated to be approximately Rs. 1,50,000/-. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the applicant is a 26-year-old woman and a housewife. He submits that the only nexus sought to be established by the prosecution between the applicant and the alleged offence is through a memorandum statement. It is alleged that the co-accused, Monu Sachdeva, who is stated to be in a relationship with the applicant, had kept certain articles, purportedly part of the stolen property, at the applicant’s rented premises, including utensils, a gas stove, and an Activa vehicle. It is further submitted that another co-accused, namely Ankit Soni, has already been granted bail by this Court vide order dated 21.04.2026 passed in MCRC No. 3043/2026. Further, the charge-sheet has been filed, the applicant has no previous criminal antecedents, and she has been in custody since 16.11.2025. Therefore, it is submitted that the present applicant is also entitled to be released on regular bail on the ground of parity. 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 but she could not dispute the fact that the co-accused has already been granted bail by this Court. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations and the material available on record, the fact that, the applicant is a lady and also considering the fact that another co-accused, namely Ankit Soni, has already been granted bail by this Court vide order dated 21.04.2026 passed in MCRC No. 3043/2026, further, the charge-sheet has been filed, the applicant has no previous criminal antecedents, and she has been in custody since 16.11.2025, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the Applicant – Aasima Rao, involved in Crime No. 251/2025 registered at Police Station - Mujgahan, District - Raipur, (C.G.), for the offences punishable under Sections 310(2), 74, 115(2), 127(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his 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 sufficient cause, 4 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. (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. 8. Office 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 Preeti