1 2025:CGHC:37374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4291 of 2025 • Smt. Vaishali W/o Gokul Kaluram Padale Aged About 42 Years R/o Shop No.18/1, Lokmanya Colony, Ganesh Nagar, Thergaon Near Dange Chowk Pune, Police Station Wakad Chinchwad, Pune (Maharashtra) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Geedam District South Bastar Dantewada Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Navin Shukla, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 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. 27/2025 registered at Police Station Geedam, District- South Bastar Dantewada (C.G.), for the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:54:53 +0530 2 offence punishable under Sections 318(4), 111(1)(3) of BNS and Section 66(d) of IT Act. 2. Case of the prosecution, in brief, is that, the applicant along with the other co-accused persons have cheated the complainant on the pretext of getting and made her to deposit amount of Rs.61,06,592/- in different bank accounts, out of which amount of Rs.7,00,000/- has been received in the account of the present applicant, which was managed by the son of the applicant, who is also an co-accused in the said crime number. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that present applicant is a mother of co-accused, who had cheated the complainant on the pretext of getting profit and made her to deposit amount of Rs.61,06,592/- in different bank accounts, out of which amount of Rs.7,00,000/- has been received in the account of the present applicant, which was managed by her son. He further submits that applicant has no previous criminal antecedent and the applicant is in jail since 16.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel 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 and the applicant has no previous criminal antecedent. 3 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 allegation levelled against the applicant and the fact that the applicant has no criminal antecedents, he is in jail since 11.05.2025 and present applicant is a mother of co-accused, who had cheated the complainant on the pretext of getting profit and made her to deposit amount of Rs.61,06,592/- in different bank accounts, out of which amount of Rs.7,00,000/- has been received in the account of the present applicant, which was managed by her son, charge-sheet has been filed, looking to his detention period, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Smt. Vaishali, involved Crime No. 27/2025 registered at Police Station Geedam, District- South Bastar Dantewada (C.G.), for the offence punishable under Sections 318(4), 111(1)(3) of BNS and Section 66(d) of IT Act, be released on bail on his 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 he 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 4 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 his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, 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 him 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali