1 CGHC010323052026 2026:CGHC:37449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7770 of 2026 1 - Parwati Agariya W/o Sandeep Agariya Aged About 23 Years R/o Village Basantpur, Agariyapara P.S. Basantpur District- Balrampur- Ramanujganj, C.G. Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Basantpur District- Balrampur-Ramanujganj, C.G. Respondent(s) For Applicant (s) : Mr. Nishikant Sinha, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.17/2026, registered at Police Station Basantpur, District Balrampur-Ramanujganj (C.G. for the offence punishable under Section 109 of BNS. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that the applicant, who is daughter-in-law of the injured Ramnaresh, is alleged to have assaulted the injured Ramnaresh from the ignite wood for the reason that while playing his grandson aged 1 year got dropped from his hands, as a result of which the injured sustained injuries over his head and eyes. Thereafter a case was registered against the applicant and she was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the applicant is the daughter-in-law of the injured and over a trivial issue, a dispute arose between the parties and she had no intention to cause injury to the injured and now the dispute has been resolved between them and before the Trial Court 3 witnesses out of 16 have been examined but they have not supported the prosecution case. He further submitted that the applicant is a lady and is in jail since 01.02.2026, she has no criminal criminal antecedents and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant has assaulted her own father-in-law by a ignite wood, as a result of which he sustained severe injuries, as such she has committed serous offence and is not entitled to be released on bail. 3 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that the 3 prosecution witnesses out of 16 have been examined before the Trial Court and they have not supported the prosecution case, as is evident from the deposition sheet (Annexure-A/3) and further considering the fact that the applicant is a lady and daughter-in- law of the injured, she has no criminal antecedents, she is in jail since 01.02.2026 and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Parwati Agariya, involved in Crime No.17/2026, registered at Police Station Basantpur, District Balrampur-Ramanujganj (C.G. for the offence punishable under Section 109 of BNS, be released on bail on furnishing 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 she 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 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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.” 9. 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 Nirala