1 CGHC010240372026 2026:CGHC:28896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6136 of 2026 Pushpa Sahu @ Pooja Sahu D/o Late Daulal Sahu Aged About 20 Years R/o Village Dutkaiya, Police Station Rajim, District Gariabandh, Chhattisgrh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Rajim, District Gariabandh Chhattisgarh. ... Non-Applicant For Applicant : Mr. Bhaskar Payashi, Advocate. For Non-applicant/State : Mr. Vinod Kumar Tekam, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 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. 29/2026 registered at Police Station : Rajim, District Gariabandh (C.G.) for the offence punishable under Section 109(1), 221, 121(1), 3(5) and 132 of the Bhartiya Nyaya Sanhita, 2023. Digitally signed by JYOTI JHA Date: 2026.07.10 18:04:20 +0530 2 2. The prosecution case, in brief, is that on 01.02.2026, upon receiving information regarding rioting in Village Dutkaiya, the complainant, along with other police personnel and district police force, proceeded to the spot for maintenance of law and order. During the course of duty, it was found that members of an unruly mob, enraged due to previous enmity, were setting fire to the houses of members of another community and vandalizing their properties. The police intervened, separated both groups, brought the situation under control, and shifted the injured persons to the hospital. Thereafter, when the police party was returning towards the village square, at about 12:30 a.m. on 02.02.2026, near the stage at Village Dutkaiya, the present applicant Pushpa Sahu @ Pooja Sahu, along with co-accused Bhupendra Sahu and Gautam Sahu, allegedly climbed onto the roof of a house and, with the intention to cause death, started pelting large bricks and stones at the police personnel. As a result, Constable Gopal Sahu sustained a grievous head injury and fell unconscious on the spot. It is alleged that the accused persons assaulted the police personnel and obstructed them in the discharge of their official duties. On the basis of the report lodged by the complainant, the aforesaid crime was registered and, after completion of investigation, the charge-sheet has been filed against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is 3 further submitted that the investigation has been completed and the charge-sheet has already been filed, therefore, no further custodial interrogation of the applicant is required. It is contended that the applicant is a young girl and her continued detention in jail is likely to expose her to undesirable influence. Learned counsel further submits that in connection with Crime No. 31/2026 registered at the same Police Station, arising out of the same incident, the applicant has already been enlarged on bail by this Court vide order dated 07.05.2026 passed in MCRC No. 4292/2026. It is also submitted that the applicant has been suffering from schizophrenia since 12.04.2023, which is a serious and chronic mental illness and therefore her alleged involvement in the incident is highly improbable. It is further argued that the applicant neither assaulted the injured with any sharp-edged weapon nor had any intention to cause his death. The applicant is in jail since 03.02.2026. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that, considering the gravity of the offence, the specific role attributed to the applicant, the prima facie evidence available on record, and the likelihood of the applicant influencing prosecution witnesses if released on bail, the applicant is not entitled to the benefit of regular bail. It is, therefore, prayed that the bail application be rejected. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the fact that the investigation has been completed and the charge- sheet has already been filed, the applicant is a young woman stated to be suffering from schizophrenia, no further custodial interrogation is required, and further considering that the applicant has already been enlarged on bail on merits by this Court in connection with Crime No. 31/2026 arising out of the same incident in MCRC No. 4292/2026, this Court is inclined to extend the benefit of regular bail to the applicant. Accordingly, without expressing any opinion on the merits of the case, the present bail application deserves to be allowed. 7. Let applicant, Pushpa Sahu @ Pooja, involved in Crime No. 29/2026 registered at Police Station : Rajim, District Gariabandh (C.G.) for the offence punishable under Section 109(1), 221, 121(1), 3(5) and 132 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her furnishing a personal bond with two sureties in the like amount 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. 5 (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 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 Jyoti