The court emphasized factors such as the applicant's status as a mother and absence of criminal record in deciding to grant bail.

Order on Board

09/06/2025

1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 17/2025 registered at Police Station : Nandghat, District Bemetra (C.G.) for the offence punishable under Sections 115(2), 281, 296, 351(3) and 3(5), 109(1), 324(2) of the Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. The earlier bail application was dismissed as withdrawn by this Court vide order dated 11.04.2025 passed in MCRC No. 1801 of 2025, on the ground that during the course of investigation Sections 109(1) and 324(2) of the BNS were subsequently been added against which, she has filed applications for grant of bail before the trial Court and the same have been rejected, hence the present bail application.

3. Case of the prosecution, in brief, is on the complainant, Komal Singh Chauhan, lodged a complaint at Nandghat Police Station, alleging therein that on 07.02.2025, he was sitting in the courtyard of his house when Gangoo Chauhan from the village drove his pickup vehicle (CG-04-PX-9058) and parked it near Mohit Chauhan's house. Around 9 P.M., his brother Khem Singh Chauhan returned home from village Badnara, parked his motorcycle, and was opening the door when Gangoo Chauhan reversed his vehicle recklessly and damaged the motorcycle. When their father came out and advised Gangoo Chauhan to drive carefully, Gangoo Chauhan and his associate Lallu Nishad got out of the vehicle, started abusing them with filthy language, and began assaulting their father and brother with bamboo sticks. Gangoo's mother, Dashoda Bai, also joined in, armed with a bamboo stick, and assaulted Komal Singh's mother, Jethiya Bai. The altercation resulted in serious injuries to Kumar Singh Chauhan (father), Khem Singh Chauhan (brother), and minor injuries to Komal Singh's mother. Lallu Nishad also threatened to kill them and assaulted Komal Singh with a stick. Based on the complaint, a case was registered against the accused at Nandghat Police Station, District Bemetara (Chhattisgarh), under Crime No. 17/2025 for offenses under Sections 281, 296, 351(3), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation Sections 109(1) and 324(2) were subsequently added due to the severity of the crime. The accused were arrested on 19.02.2025. Hence, the bail application.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in offence in question. She further submits that applicant is a woman and is mother of co-accused, namely, Gangoo Chauhan, who alonwith another co-accused, namely, Lallu Nishad had committed the said offence. She also submits that the applicant is breadwinner of her family and her arrest and custody severely jeopardize her livelihood. Lastly, the applicant is in jail since 19.02.2025, she has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant.

5. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court.

6. Learned counsel for the objector submits that applicant alongwith her son, namely, Gangoo Chauhan and one Lallu Nishad had assaulted the complainant and his family members, the said altercation resulted in serious injuries to Kumar Singh Chauhan (father), Khem Singh Chauhan (brother), a