1 CGHC010268262026 2026:CGHC:35688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6236 of 2026 1 - Smt. Mankunwar W/o Gaindram Sahu Aged About 52 Years R/o Ward No. 1 Barpara Village Dhamni Police Station Rajim, District- Gariyaband (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Rajim, District- Gariyaband (C.G.) ... Respondent(s) For Applicant(s) : Mr. K.K. Dewangan, Advocate For Respondent(s)/State : Mr. S.S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who has been arrested in connection with Crime No. 142/2026 registered at Police Station Rajim, District Gariyaband (C.G.), for the offences punishable under Sections RUCHI YADAV Digitally signed by RUCHI YADAV 2 296, 115(2), 351(3), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 21.05.2026 at about 08:30 p.m., the applicant Jitendra Sahu was sitting near a pond after having dinner, when Tomesh Sahu and Gaindram Sahu allegedly approached him carrying sticks. It is alleged that, owing to an old dispute, they abused the complainant, threatened to kill him and assaulted him with sticks and rods on his head, shoulder, right hand and other parts of the body, as a result of which he became unconscious. When his son Khilesh Sahu, Omprakash Sahu and mother Sukhwatin Bai Sahu intervened, they were also allegedly assaulted and threatened. Khilesh Sahu sustained injuries on his head and other parts of the body, while Omprakash Sahu sustained an injury on his right leg allegedly due to a stone thrown by Mankunwar. Sukhwatin Bai Sahu was allegedly pushed to the ground by Tomesh Sahu. The injured persons were taken to CHC Rajim for treatment and were thereafter referred to Ayushman Hospital, Kurra. On the basis of the report, the present offence was registered and investigation was taken up. 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 only allegation against the applicant is that she allegedly threw a stone which caused an injury to the leg of Omprakash. It is further submitted that the applicant is an old and infirm lady, has no criminal antecedents, and has been in judicial custody since 22.05.2026. The trial is likely to take considerable time. Accordingly, it is prayed that the applicant be enlarged on regular bail. 3 4. Learned State counsel opposes the bail application and submits that there are four accused persons involved in the incident and one injured person has sustained a grievous injury, while the other injured persons have sustained simple injuries. Considering the nature of the allegations and the injuries sustained by the victims, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the entire facts and circumstances of the case, the submissions made by learned counsel for the parties, the fact that the applicant is a lady, has no criminal antecedents, has been in judicial custody since 22.05.2026, and the allegation against her is limited to throwing a stone which allegedly caused an injury to the leg of one of the injured persons, coupled with the fact that the trial is likely to take considerable time for its conclusion, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the application is allowed. Let the applicant – Mankunwar, involved in Crime No. 142/2026 registered at Police Station Rajim, District Gariyaband (C.G.), for the offences punishable under Sections 296, 115(2), 351(3), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on her furnishing a 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 4 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 applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her 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 her in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt 5 of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi