1 2026:CGHC:22660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3450 of 2026 • Umend Bi Khan W/o Razzak Khan, D/o Nazar Mohammad Aged About 62 Years Caste Muslim, R/o Deepka, P/s Deepka, District - Korba Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station Hardibazar, District Korba Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Abdul Wahab Khan, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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 she has been arrested in connection with Crime No. 0006/2025, registered at Police Station – Hardibazar, District – Korba (C.G.) for the offence punishable under Sections 314, 316(1), 318(4), 336(3), 337, 338, 340(2), 61(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the applicant, a 62-year-old lady, along with other co-accused, allegedly sold the same piece of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 08:32:48 +0530 2 agricultural land twice-firstly to the complainant's wife in 2002 and subsequently to another person in 2006-by allegedly forging revenue records in conspiracy with a middleman. The alleged second sale took place in the year 2006, whereas the present FIR has been registered under given sections in the year 2026 and arrested the applicant on 28.03.2026. 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 not been filed in this case. The applicant is in jail since 26.03.2026 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 there is no criminal antecedents registered against the present applicant, and the charge-sheet has not been filed in this case. It is further submitted that The applicant, a 62-year-old lady, along with other co-accused, allegedly sold the same piece of agricultural land twice first to the complainant’s wife in 2002 and subsequently to another person in 2006 by allegedly forging revenue records in conspiracy with a middleman. The alleged second sale took place in the year 2006, whereas the present FIR under the aforesaid sections came to be registered only in the year 2026, 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, also considering the fact that applicant is 62 years old aged lady and she is in jail since 26.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Umend Bi Khan, involved in Crime No.0006/2025, registered at Police Station – Hardibazar, District – Korba (C.G.) for the offence punishable under Sections 314, 316(1), 318(4), 336(3), 337, 338, 340(2), 61(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 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 Vaishali