1 2026:CGHC:10766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 190 of 2026 Jyoti Devi W/o Jagveer Singh Aged About 40 Years R/o Nagla Beech, Thana Chandapa District- Hathras (U.P.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station -Grp Raipur, District- Raipur (C.G.) ... Non-applicant(s) For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 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. 138/2025 registered at Police Station- GRP Raipur, District- Raipur (C.G.), for the offences punishable under Sections 137(2), 142 of B.N.S. 2. The case of the prosecution in brief is that on 17.11.2025 at about 8:31 PM, the complainant Kajal Kushwaha lodged a missing report regarding her daughter, stating that some unknown person had KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 kidnapped her daughter from Raipur Railway Station on 17.11.2025 at about 3:15 PM. On the basis of the said report, the police registered an FIR against an unknown person under Section 137(2) of the B.N.S. Act. Thereafter, during the course of investigation, the police recovered the daughter of the complainant from the possession of the present applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case and has no connection with the alleged offence. It is submitted that the applicant has not kidnapped the child and that the child was found crying at the railway platform after having been separated from her mother, whereupon the applicant took her into care. It is further submitted that the applicant is in custody since 27.11.2025, and due to her prolonged detention in jail along with hardened criminals, her life and future are likely to be adversely affected. It is also submitted that the investigation has already been completed and the charge-sheet has been filed before the competent Court and has no criminal antecedent therefore, the applicant prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is sufÏcient material available on record against the present applicant. It is submitted that the minor daughter of the complainant was recovered from the possession of the applicant during the course of investigation, which prima facie establishes her involvement in the alleged offence. It is further submitted that the offence alleged against the applicant is serious in 3 nature, therefore, the applicant is not entitled to be released on bail. 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 and gravity of offence, period of detention of the applicant since 27.11.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicant has no previous criminal antecedent as written in paragraph No. 4(a) of the bail application and no further interrogation is required and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the Applicant – Jyoti Devi, involved in Crime No. 138/2025 registered at Police Station- GRP Raipur, District- Raipur (C.G.), for the offences punishable under Sections 137(2), 142 of B.N.S., be released on bail on her furnishing personal bond with two local 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 4 court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, 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 sufÏcient 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. OfÏce 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 Kunal