1 - Kaushilyabai Mandale W/o Mr. Santosh Kumar Mandale Aged About 39 Years R/o v. 1 - State of Chhattisgarh Through Station House Officer, Police Station Baloda, District- Baloda
Case Details
1 / 5 2025:CGHC:4075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8776 of 2024 1 - Kaushilyabai Mandale W/o Mr. Santosh Kumar Mandale Aged About 39 Years R/o Village Ghorbhatti Deortilda, District- Raipur, Chhattisgarh.493225 --- Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Baloda, District- Baloda Bazar-Bhatapara, Chhattisgarh. 493332 --- Respondent MCRC No. 8889 of 2024 1 - Vimla Chaturvedi W/o Rajendra Chaturvedi Aged About 44 Years R/o 28/1921, Near Maruti Bakery, Satnami Para, Ward No. 32, Telibandha, Village Ravigram, Raipur, District Raipur, Chhattisgarh - 492001 ---Applicant Versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Baloda City Kotwali, District Baloda Bazar-Bhatapara Chhattisgarh 493332 --- Respondent For Applicants For State : :
Legal Reasoning
Mr. Devashish Tiwari, Advocate Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 22/01/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.23 18:46:53 +0530 2 / 5 1. Since both these applications are arising out of the same crime number, therefore, they are being heard and decided together by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita, 2023 for grant of regular bail to the applicants in connection with Crime No. 527/2024, registered at Police Station Baloda (City Kotwali), District Baloda Bazar, Bhatapara, C.G. for the offence punishable under Sections 191(2), 333, 296, 115(2), and 103 (2) of Bharitya Nyaya Sanhita, 2023. 3. The case of the prosecution in brief is that the complainant Dharam Chaturvedi lodged a written complaint in the police station City Kotwali, Baloda Bazar on 12/08/2024 that on 12/08/2024 at about 9.30 AM Rajendra and his wife Vimla Bai and other relatives came to their house and started abusing in filthy language and started assaulting, as a result of which the father of the complainant sustained injuries in the chest and elbow and whereby he became unconscious and also assaulted his mother on her head and his wife. Thereafter, the father of the complainant namely Dhassu Chaturvedi died during treatment. Thereafter, the applicants were arrested. 4. Learned counsel for the applicants would submit that the applicants are innocent and they have not committed any crime. He would next contend that there is no eye witness in this case. He would next contend that the deceased was 80 years old and he died during treatment as a natural death and the cause of death is cardio-respiratory failure. He would next contend that the police has not recorded the statement of the 3 / 5 deceased. He would lastly contend that the applicants being women they may be released on bail. 5. 6. 7. Per contra, learned State counsel opposes the prayer for grant of bail. I have heard learned counsel for the parties and perused the documents. I have heard learned counsel for the respective parties at length and perused the documents. 8. Perusal of the documents would show that there is certain land dispute in between the parties and the complainant and applicants are relatives. It is alleged that the Patwari had informed that demarcation of land was to be done and in connection to that the applicants along with the other co- accused came to complainant’s place and started assaulting them in which the father of the complainant died during treatment after three days. On perusal of the postmortem report it shows that the cause of death was cardio-respiratory failure and as per the MLC report only abrasion is found on the right elbow of the deceased and he was more than 80 years of age. One stick has been recovered from the main accused Rajendra Chaturvedi. Therefore, considering the role played by the present applicants that they only accompanied the co-accused persons and are lady aged about 39 Years & 44 Years, respectively and also considering the fact that the injuries sustained by the other persons are simple in nature and also considering the fact that the charge-sheet in this case has been filed before the trial Court and it will take time to conclude the trial and the applicant Vimla is also having one daughter, I am inclined to release the applicants on bail. 9. Let applicants Kaushilyabai Mandale & Vimla Chaturvedi, involved in 4 / 5 Crime No.527/2024, under Sections 191(2), 333, 296, 115(2), and 103 (2) of Bharitya Nyaya Sanhita, 2023 in police station Baloda (City Kotwali), District Baloda Bazar, Bhatapara, C.G., be released on bail on their furnishing a personal bond for a sum of Rs.10,000/-, each, with one surety each in like amount to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of BNSS, 2023 is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023. 5 / 5 (iv) The applicants 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 2023. If in the opinion of the trial Court absence of the applicants 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 them in accordance with law. 10. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu