NGAN Chowki, Chaitma, Thana Pali, Distt. Korba, Chhattisgarh v. State Of Chhattisgarh Through Chowki, Chaitma, P.S. Pali, Distt. Korba, Chhattis
Case Details
1 2025:CGHC:45407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7058 of 2025 Anita Yadav W/o Ramesh Kumar Yadav Aged About 24 Years Caste Yadav, R/o Village Pahadgaon, Present R/o Raha Badkhabahara AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Chowki, Chaitma, Thana Pali, Distt. Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Chowki, Chaitma, P.S. Pali, Distt. Korba, Chhattisgarh. ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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. 228/2025 registered at Police Station Pali, Distt. Korba (C.G.) for the offence punishable under Sections 333, 115(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 13/06/2025, the 2 complainant, namely Ramesh Kumar Yadav, lodged an FIR against an unknown person. He stated that on 27/05/2025, while he was sleeping on the floor of his house and his wife and children were sleeping on the bed, some unknown persons assaulted him on the head, causing him to lose consciousness. When he regained consciousness, he found himself in the hospital. Subsequently, the police registered an FIR against unknown persons and, during the course of investigation, recorded the memorandum statement of the present applicant. Based on this memorandum statement, the present applicant has been implicated in the case. Hence, the bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in this case. She is 24 years old, the mother of three small children, and has been in judicial custody since 04.08.2025. Her name is not mentioned in the FIR. The complainant is known to be a habitual drunkard and, on the date of the incident, returned home in an intoxicated state, lost control, and accidentally hit his head on the door frame, resulting in a serious injury and loss of consciousness. The applicant, along with other family members, took him to the hospital for treatment. No incriminating article has been seized from the applicant, and the investigation is now complete, with the charge sheet already filed before the learned court below. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. He further submits that the applicant/accused is alleged to have assaulted her husband, Ramesh Kumar Yadav, causing him grievous injuries, particularly a serious head injury, which was considered dangerous to life. The police arrested the applicant based on suspicion arising from the complaint filed by the injured party. The medical report by Dr. Anurag Singh, Medical OfÏcer, Noble Hospital, Bilaspur, confirms the severity of the head injury and its life-threatening nature, therefore, applicant is not entitled for grant of bail. 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, period of detention of the applicant since 04.08.2025, the fact that present applicant is wife of the complainant / injured, on the date of the incident, returned home in an intoxicated state, lost control, and accidentally hit his head on the door frame, resulting in a serious injury and loss of consciousness, the said fact is mentioned in para 6.4 of the bail application filed on behalf of the applicant, whereas in the FIR it has been stated that the applicant had assaulted the injured with a stone, but considering the fact that applicant is a lady and has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Anita Yadav, involved in Crime No. 228/2025 registered at Police Station Pali, Distt. Korba (C.G.) for the offence punishable under Sections 333, 115(2), 109(1) of Bharatiya Nyaya Sanhita, 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 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 sufÏcient 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail 5 and proceed against her in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil