1 CGHC010224472026 2026:CGHC:29361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5238 of 2026 • Seeta Nageshiya, W/o Lalmohan Nageshiya, aged about 30 Years, R/o Village Ghaturadih, P.S. Kusmi District Balrampur-Ramanujganj, Chhattisgarh. ...Applicant versus • State of Chhattisgarh, Through Police Station Kusmi, District Balrampur-Ramanujganj, Chhattisgarh. ...Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Senior Advocate along with Mr. Parth Kumar Jha, Advocate. For Non-applicant : Mr. Ram Narayan Sahu, Deputy Government Advocate. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 13/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.103/2025 registered at Police Station – Kusmi, District Balrampur- Ramanujganj, C.G., for the offence punishable under Section 103(1) of BNS. 2. Case of the prosecution, in brief, is that on 07.12.2025 at about 4:00 p.m., present applicant- Seeta Nageshiya allegedly assaulted the deceased- AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.07.13 17:00:13 +0530 2 Chandrakali with a tangi (axe). It is alleged that the applicant suspected the deceased of practising black magic (tonhi), due to which, her four children had died. On such suspicion, the applicant inflicted a blow with a tangi on the head of the deceased, causing grievous injuries, and the deceased subsequently succumbed to the same. On the basis of the report lodged in this regard, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant had six children, out of whom, four died due to unknown diseases, and as per the prosecution case, the applicant suspected the deceased of practising black magic, which she believed to be the cause of the death of her children and, on such suspicion, allegedly committed the offence. It is further submitted that the applicant has not committed any offence and she is in jail since 08.12.2025 and is in an advanced stage of pregnancy of about eight months and is likely to deliver a child soon. It is also submitted that the applicant is presently lodged in Central Jail along with her two-year-old child, and both are suffering from thalassemia. He further submits that if the child is born during custody, it may cause social stigma and adversely affect the future of the child. Therefore, it is prayed that the applicant be released on bail. In support of her case, applicant has also filed medical documents. 4. On the other hand, learned counsel for the State opposes the bail application and has submitted the medical as well as the status report of the applicant. As per the said reports, the applicant is presently lodged in Central Jail along with her two-year-old child and is in an advanced stage of pregnancy of about eight months. It is further submitted that the reports 3 also indicate that both the applicant and her child are suffering from thalassemia and are being provided treatment from time to time in jail by the concerned authorities. 5. I have heard learned counsel appearing for the parties. 6. Considering the facts and circumstances of the case, particularly the medical condition of the applicant and her child, and further considering that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. Applicant is also directed to appear before the concerned trial Court on each and every date to be given to her by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) Judge Akhilesh