1 2026:CGHC:14396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1813 of 2026 • Sushma Kaushik D/o Shri Gandhi Lal Kaushik, Aged About 33 Years R/o Mangla, 27 Kholi, Thakurpara Ward P.S. Civil Line Tahsil And District Bilaspur (C.G.) ... Applicant(s) versus • State Of Chhattisgarh Through Police Station Torwa, District Bilaspur C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Kavita Bansal, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 535/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 02.12.2025, the brother of deceased had made written complaint before the concerning police station is that, due to illegal relationship done by the husband of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.28 16:08:58 +0530 2 deceased with the present applicant and also the applicant threatened her alleging that " त⑁ या㸻 स㡇 भⴾग, त⑁ र〾 पत␿त⑁ म⹇ र〾 म⹇ग भⴾर〾कर〾 पቌ䲌 ब ल㈿य ा㸻, अब त⑁झᵇ उस㡇क स㡇थ ा㸻 र〾ा㸻 ू䈨ग, ब र〾ा㸻 थ" On, the basis of aforesaid threaten, the wife of co-accused namely Rajendra Singh Rajput has committed suicide on 09.11.2025 and during her treatment, she died on 10.11.2025. Thereafter the morgue intimation was recorded by the concerning police station and after investigation, the concerning police has registered the FIR bearing no. 535 of 2025 for the offence punishable Under Section 108, 3(5) of BNS Act 2023 has been registered against the co-accused and present applicant and arrested the present applicant on 23.01.2026. Hence this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 23.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the 3 present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 23.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sushma Kaushik, involved in Crime No.535/2025, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) be released on bail on his 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 he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 4 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. 8. 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 Vaishali