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2026 DAILYLAW 30737 (CHH)

SMT NIRMALA NAMDEV v. STATE OF CHHATTISGARH

MCRCA/1373/2026 · 2026-08-19

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Judgment text

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1 CGHC010323842026 2026:CGHC:37444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1373 of 2026 Smt Nirmala Namdev W/o Ganesh Prasad Aged About 50 Years R/o Gadabuda, West Chirmiri, Pondi, Thana-Pondi, Tahsil- Chirmiri, District- M.C.B. (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station- Pondi, Tahsil- Chirmiri, District- M.C.B. (C.G.) ... Non-Applicant For Applicant : Shri Santosh Kumar Yadu, Advocate. For Non-Applicant : Miss Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20/08/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.106/2026 registered at Police Station –Pondi, Tahsil Chirmiri, District – M.C.B. (C.G.) for the offence punishable under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.21 18:45:53 +0530 2 Sections 296, 115 (2), 118 (1), 118 (2), 351 (2), 3(5) & 333 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that the complainant has lodged a report with the concerned Police Station stating that Kalim is his son, who was earlier in love with Priya Kumari, a girl living in the neighborhood. Later, due to arguments, they do not talk to each other. On 01.07.2026, at around 7.30 pm in the evening, he came to know that someone had beaten his son and he was taken to the hospital. Thereafter he went to Chirmiri hospital where his son told that when he was in love with Priya, she had kept some of his documents with herself. On the said date at around 06.30 in the evening, when he met Priya near GM Complex Podi Bazaar and demanded his documents, Priya started beating his son Kalim with her hands and fists saying that she does not have any documents. At the same time, Priya's brother Nikhil Namdev came with a shovel in his hand and started beating his son Kalim with the shovel, abusing him with bad words and threatening to kill him. His son Kalim received injuries on his left hand, right hand and behind his temple and blood started coming out of his hand due to the injury caused by the shovel. Then he rushed to the police station Pondi where the police immediately took him to the hospital. Thereafter FIR was registered against Priya Namdev and Nikhil Namdev. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He 3 further submits that son of the applicant has assaulted the injured and she being the mother is being falsely implicated in the crime. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that son of the applicant has assaulted the injured, the applicant is a lady and that in the present case, counter case has also been registered, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt Nirmala Namdev, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, she shall be released on bail on the following conditions:- (a) She should not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) She should not act in any manner which will be prejudicial to fair and expeditious trial. (c) She should appear before the trial Court on each and every date given to him by the said Court till 4 disposal of the trial. (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She should not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve