1 2025:CGHC:19640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3339 of 2025 Savita Prajapati Wd/o Late. Manoj Prajapati Aged About 43 Years R/o Kumharpara, Lane In Front Of Peepal Tree, P.S. Civil Line, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Karan Kumar Baharani, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2025 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.250/2023 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 420 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.01 17:52:20 +0530 2 2. Case of the prosecution, in brief, is that that the present applicant has taken Rs. 03,50,000/- from the complainant since 29.09.2021 on different occasion with a promise to get the daughter of the complainant (Jyoti Lanjhekar) a Government Job. On such complaint police has registered the F.I.R. and arrested the present applicant and filed the charge sheet in the competent court of law. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that the applicant is a poor widow lady who had taken loan from the complainant for treatment of her ill husband, when the applicant had failed to repay the loan amount the complainant got her signatures on a false agreement and implicated her in this case. He would submit that the applicant is languishing in jail since 09.03.2025, charge sheet has been filed and conclusion of trial will take some time, 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 present case. 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 09.03.2025, applicant being a lady, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Savita Prajapati, involved in Crime No.250/2023 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the 3 offence punishable under Section 420 of I.P.C., 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 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 default as abuse of liberty of bail and proceed against her in accordance with law. 4 8. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case who claim to have been cheated by the applicant herein. Offering of money by the complainant for getting employment for her daughter through illegal modes, cannot be encouraged by this Court and has to be dealt strictly. 9. 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