1 2025:CGHC:22155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3919 of 2025 Nilu Urf Nirmala Nayak W/o Komal Ahirwar Aged About 30 Years R/o Village Udaipura, P.S. Bijawar, District Chhattarpur Madhya Pradesh ... Applicant versus State Of Chhattisgarh Through Station House Officer - Police Station, Tapkara, District Jashpur Chhattisgarh ... Respondent For Applicant : Mr. Syed Mohammad Sohail Afzal, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 30/2024 registered at Police Station – Tapkara, District - Jashpur (C.G.), for the offence punishable under Sections 120(B), 363, 365, 366(A) and 368 of the Indian Penal Code. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.05.21 11:02:06 +0530 2 2. As per the prosecution, the applicant, along with co-accused Bimla Yadav and Komal, allegedly conspired to abduct three minor children (two girls and one boy) from their lawful guardians by luring them with promises of retrieving their deceased father's dues, good employment, higher earnings, and marriage prospects. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that applicant and her husband are the parents of a 5 year old son who is seriously ill, suffering from loss of appetite and psychological disturbance due to the absence of both parents. He further submits that prosecution’s case is based on vague allegations and lacks direct evidence. No witness alleges exploitation, abuse, or forced labor by the applicant. He further submits that applicant has no criminal antecedent and she is in jail since 20.04.2024 Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submission made by learned counsel for the applicant further considering the nature and gravity of the offence, material on record, and the fact that the applicant is a lady and her husband is also in jail and the applicant is the sole caregiver for her two minor children, including a 5 year old son having serious health issues and her child is suffering due to absence of applicant, and she has no any 3 previous criminal antecedent and she is in jail since 20.04.2024, therefore, I am inclined to grant regular bail to the applicant. 7. Let applicant, Nilu Urf Nirmala Nayak, involved in Crime No. 30/2024 registered at Police Station – Tapkara, District - Jashpur (C.G.), for the offence punishable under Sections 120(B), 363, 365, 366(A) and 368 of the Indian Penal Code, be released on bail on her furnishing a personal bond with two local sureties in the like amount 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 his 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav