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2026 DAILYLAW 17047 (CHH)

SAROJ VERMA v. STATE OF CHHATTISGARH

CRMP/501/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 501 of 2026 Saroj Verma W/o M.L. Verma Aged About 66 Years R/o Amodi, P.S. Gidhouri, Distt. Balodabazar, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through P.S. Gidhouri, Distt. Balodabazar, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Kabeer Kalwani, Advocate. For Respondent/State : Mr. Nitansh Jaiswal, Dy. Govt. Adv. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks modification/correction of the order dated 14.01.2026 passed by this Court in MCRCA No. 47 of 2026. In paragraph 1 of the said order, it was inadvertently mentioned as “Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner” instead of “Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail.” Paragraph 7 of the said order also requires modification, as due to a typographical error, the conditions relating to regular bail have been mentioned therein, whereas the conditions applicable to anticipatory bail were required to be incorporated. 2. Learned counsel for the petitioner submits that the final order was KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 passed by this Court on 14.01.2026, however, due to inadvertence, a typographical error has crept into paragraph 1 of the said order, wherein “Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner” has been mentioned instead of “Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner.” It is submitted that due to an inadvertent clerical mistake, the following recital came to be incorporated in paragraph 1 of the order: “This is the first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who is apprehending her arrest in connection with 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.” 3. Learned counsel further submits that in place of the aforesaid recital, paragraph 1 of the order dated 14.01.2026 passed in MCRCA No. 47/2026 ought to read as under: The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending her arrest in connection with Crime No. 273/2025 registered at Police Station – Gidhouri, District Balodabazar-Bhatapara (C.G.) for the alleged commission of offences punishable under Sections 105 and 3(5) of BNS, 2023.” 4. Learned counsel further submits that paragraph 7 of the order dated 14.01.2026 has also been erroneously couched in terms applicable to a regular bail application which is given below:- “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 3 furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions.” 5. It is submitted that the aforesaid paragraph requires modification in consonance with an order granting anticipatory bail and should read as under:- “7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Saroj Verma in connection with Crime No. 273/2025 registered at Police Station Gidhouri, District Balodabazar-Bhatapara (C.G.), on executing a personal bond with two sureties in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail subject to the following conditions: (a) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing those facts to the Court; (b) She shall not act in any manner prejudicial to a fair and expeditious trial; (c) She shall appear before the trial Court on each and every date fixed by the said Court till disposal of the trial; (d) The applicant and the surety shall submit a copy of their Aadhaar Card along with a coloured passport-size photograph bearing the Aadhaar number, which shall be verified by the trial Court; (e) She shall not involve herself in any offence of similar nature in future.” 6. Learned counsel for the petitioner lastly submits that in the aforesaid facts and circumstances, the typographical errors which have inadvertently crept into the order dated 14.01.2026 are required to be corrected to give full effect to the intention and substance of the order passed by this Court, and therefore prays that necessary correction/modification be carried out accordingly. 7. Upon consideration of the submissions advanced and on perusal of the record, this Court finds that the errors which have crept into the order 4 dated 14.01.2026 passed in MCRCA No. 47/2026 are purely typographical and inadvertent in nature. The mention of “Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail” in paragraph 1, instead of “Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail,” as well as incorporation of conditions pertaining to regular bail in paragraph 7, are clerical mistakes which do not affect the merits of the order. In order to give full and proper effect to the intention of the order originally passed, the present petition deserves to be and is hereby allowed. 8. Consequently, in paragraph 1 of the order dated 14.01.2026, the provision “Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner” shall be read as “Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner,” and paragraph 7 of the said order shall be read and substituted in terms of the anticipatory bail directions as indicated hereinabove in para 5. Necessary correction be carried out accordingly. 9. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. 10. A copy of this order be placed along with the records of MCRCA No. 47/2026. Sd/- (Ramesh Sinha) Chief Justice Kunal