1 2025:CGHC:26529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4729 of 2025 Poonam Nayak W/o Shri Abhinandan Nayak Aged About 47 Years R/o Hanuman Mandir, Raipura, Police Station D.D.Nagar, Tahsil And District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Kotwali, District Mahasamund Chhattisgarh ... Respondent For Applicant : Shri T.K. Jha, Advocate. For Respondent/State : Shri S.S. Baghel, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 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.146/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.23 17:50:46 +0530 2 Kotwali, District Mahasamund (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the applicant along with co-accused persons have committed fraud by running a small scale industry and providing employment to other women by giving them four hours of work and Rs.200/- per day as salary and by conspiring to invest Rs. 40,000/- in the said small scale industry and getting a loan of Rs. 40,000/- from each woman and taking the said amount themselves and not paying the installments after paying them for a few days and also not paying the salary. From the observation of the case diary of Sections 318 (4), 61 (2), 3 (5) of the BNS, the applicant and other co-accused persons obtained loan of Rs. 40,000/- from each woman by luring and other women with the promise of providing them employment with a salary of Rs. 200/- per day and working for four hours. And after settling the loan for a few days, the loan was stopped and the salary was also stopped. The applicant along with co-accused persons have been shown to have cheated about 55 women of Mahasamund, about 22 women of Mudiyadih Khallari and about 79 women of Arang area by conspiring and luring them, taking Rs. 40,000/- per woman in their bank account and in cash, a total of Rs. 53,60,000/-, on which a case has been registered in Mahasamund Police Station under Crime No.-146/2025. A case under sections 318 (4), 61 (2), 3 (5) of the BNS has been registered and investigation is underway. 3 3. Learned counsel for the applicant submits that the applicant is not named in the FIR as the main allegation has been levelled against the co-accused persons and the applicant on account of friendship with the co-accused has been implicated in the present case. He would submit that the applicant has a criminal antecedents of two cases of a similar nature and she is on bail. He would submit that the applicant is in jail since 11/04/2025 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 it is submitted that the allegations which have been levelled against the applicant and co-accused persons goes to show that they have formed a group of total 79 women and have played a fraud of Rs.30,80,000/- and the applicant has a criminal antecedents of two cases of a similar nature. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the allegations which have been levelled against the applicant and co-accused persons which goes to show that they have formed a group of total 79 women and have played a fraud of Rs.30,80,000/- and the applicant has a criminal antecedents of two cases of a similar nature though it is stated she is on bail but considering the manner in which the crime in question has been 4 organized, I am not inclined to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Poonam Nayak involved in Crime No.146/2025 registered at Police Station Kotwali, District Mahasamund (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri