1 2025:CGHC:12679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2088 of 2025 Kumari Ankita Gupta D/o Rajendra Gupta Aged About 30 Years R/o Village Janjgir, Block Colony, Ward No. 18/20 District Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Police Station Janjgir, District- Janjgir- Champa, Chhattisgarh ... Respondent For Applicant : Shri Mateen Siddiqui, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/03/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.17 19:39:27 +0530 2 connection with Crime No. 141/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Sections 318(4), 61(2) of Bhartiya Nyaya Sanhita, 2023, 66 (C) Information Technology Act & Under Section 43(3)(E) Telecommunication Act, 2023. 2. Case of the prosecution, in brief, is that applicant was the distributor of Airtel company in the name of Reva Telecommunication. The Reva Telecommunication have activated POS/LAPO bearing mobile no. 8349428822 to one Rekha Mobile address 09 Rekha Block Colony Ward no 18, Janjgir-Champa. At the time of purchasing the SIM of Airtel company, the applicant had committed the fraudulent act thereby the 19 SIM customers were activated & more SIM card were issued in customer name. Further the applicant had given the target to the co-accused Kishore Ramwani, who is the proprietor of Fun mobile to activate bogus SIM card and made him to activate 56 bogus SIM cards. Also given the same target to the co-accused Abhinav Mittal & Patanjali Arogya Kendra. The same was alleged to be accepted by the present applicant in her memorandum Therefore, the FIR has been registered Under Section 318(4), 61(2) of Bhartiya Nyaya Sanhita, 2023, 66(C) Information Technology Act & under Section 43(3)(E) Telecommunication Act, 2023 has been registered against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has 3 not committed any offence and she has been falsely implicated in offence in question. He submits that the applicant is a lady and distributor of the mobile Airtel Company and the agent/retailer has done the forgery and fake SIMS were sold to the customers. therefore, she is entitled for grant of bail. 4. Learned State counsel opposes the prayer for grant of bail and he would submit that at the instruction of the applicant total 75 fake SIMS were generated. He would submit that matter is under investigation and charge sheet has not been filed. 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, applicant is a lady who is in jail since 2/03/2025 and she is a distributor, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Kumari Ankita Gupta, involved in Crime No. 141/2025 registered at Police Station Janjgir, District Janjgir- Champa (C.G.) for the offence punishable under Sections 318(4), 61(2) of Bhartiya Nyaya Sanhita, 2023, 66 (C) Information Technology Act & Under Section 43(3)(E) Telecommunication Act, 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:- 4 (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 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 5 default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- - (Ramesh Sinha) CHIEF JUSTICE gouri