1 2026:CGHC:21981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4373 of 2026 Smt. Miththu Bera W/o Sanjay Bera Aged About 43 Years R/o Purani Basti Pankhatiyapar Ward,no. -06, Kharsiya, Chowki Kharsiya, District -Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Kharsiya, District – Raigarh, C.G. ---- Non-applicant For Applicant : Mr. Jitendra Shukla, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 56/2026, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 117(2), 118(1), 109 read with Section 3(5) of the BNS. 2. The case of the prosecution, is that the complainant Smt. Saraswati Bai Shriwas wife of Late Balaram Shriwas made report to the concerned Police Station staging therein that she residing with her son and daughter-in-law in her house and her old dispute between one Sanjay Bera and his son Ajit Bera was arisen. On 12-02-2026 at about 7.30 PM, her son Ashwani Shriwas was standing near the house of Kumar RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Yadav, at that time, Ajit Bera and Sanjay Bera came nearby her son and abuses his son in filthy languages and when he objected the same, Ashwani Shriwas assaulted her son from the Farsa, resultantly her son became unconscious and the accused persons have also assaulted her son. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant happens to be the wife and mother of 2 co-accused persons involved in the present case namely, Sanjay Bera and Ajit Bera, and her husband and son has already confined in jail. The applicant is in jail since 13.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with two co- accused persons is said to have assaulted the injured, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant happens to be the wife and mother of 2 co- accused persons involved in the present case namely, Sanjay Bera 3 and Ajit Bera, and her husband and son has already confined in jail, charge-sheet has been filed against the applicant, the applicant is in jail since 13.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Smt. Miththu Bera, involved in Crime No. 56/2026, registered at Police Station – Kharsiya, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 117(2), 118(1), 109 read with Section 3(5) of the BNS, be released on bail on his 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 4 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 him 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 Rajshekhar