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2026 DAILYLAW 27006 (CHH)

ZARINA KHATOON v. STATE OF CHHATTISGARH

MCRC/6248/2026 · 2026-07-13

Public Interest Litigationbody2026

Judgment text

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1 CGHC010259372026 2026:CGHC:29639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6248 of 2026 1 - Zarina Khatoon W/o Firoz Khan Aged About 40 Years R/o Turiyapara Manpur, Surajpur, P.S. And District Surajpur (C.G.) 2 - Lalmani W/o Rakesh Dewangan Aged About 43 Years R/o Village Patiadand, P.S. And Tehsil Bhaiyathan District Surajpur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer, P.S. Surajpur, District Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate For Non-applicant/State : Ms. Anusha Naik, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 278/2023, registered at Police Station – Surajpur, District Surajpur, (C.G.) for the alleged commission of offence punishable under Section 294, 506, 305/34 of the Indian Penal Code. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution case, in brief, is that on 20.04.2022, at 4:00 PM, complainant Guddu Khan and his daughter, Ashiya Khatun, filed a written report against persons namely Kapil, Raja, and Raju, alleging sexual abuse. Subsequently, on 22.04.2022, at 9:00 PM, several persons, including Kapil’s wife, Raja’s mother, Raju Khan’s mother, and neighbors Rajni and Meena, allegedly confronted the complainant’s family in front of their house, accusing them of filing the complaint and verbally abusing them. At that time, the complainant’s wife and children were at home. The complainant asserts that due to harassment by Lalmani Dewangan,, Zarina Khatun (present applicants), and Dileshwari Singh, his daughter was driven to commit suicide. Hence, the present bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the applicants have not instigated, provoked or intentionally aided the deceased to commit suicide. He further submits that the alleged incident of verbal altercation took place prior to the unfortunate death of the deceased, but there is no material to establish any proximate or direct nexus between the alleged conduct of the applicants and the suicide committed by the deceased. He further submits that the case of the present applicants stands on a similar footing to that of co-accused namely, Dineshwari Singh, who has already been enlarged on anticipatory bail by this Hon’ble Court in MCRCA No. 205/2025, vide order dated 06.02.2025. It is further submitted that the present applicants have no criminal antecedents and they are in jail since 22.06.2026, 3 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicants and submits that the charge-sheet has not been filed till date, and it is not disputed that co-accused person has already been granted anticipatory bail by this Court and the case of the present applicants is identical to that of the co-accused. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that though the charge-sheet has not been filed til date and the applicant along with co-accused are involved the said offence, but also considering the fact that one of the co-accused person namely, Dineshwari Singh, who has already been enlarged on anticipatory bail by this Court in MCRCA No. 205/2025, vide order dated 06.02.2025, and the case of present applicants are identical to that of the co-accused person, further they have no criminal antecedents, and he is jail since 22.06.2026, the conclusion of the trial will take some more time, therefore, this Court is of the considered view that the applicants are entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicants is allowed. Let the Applicants – Zarina Khatoon and Lalmani, involved in Crime No. 278/2023, registered at Police Station – Surajpur, District 4 Surajpur, (C.G.) for the alleged commission of offence punishable under Section 294, 506, 305/34 of the Indian Penal Code, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 5 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 applicants are 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 them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan