1 2025:CGHC:35829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4883 of 2025 Sunita Vastrakar W/o Ramnarayan Vastrakar Aged About 35 Years R/o Vill. Ward No. 15, Santosi Para Sivani Chouki-Naila, P.S. Janjgir, District Janjgir- Champa,Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Janjgir, District Janjgir-Champa,(C.G.) ... Non-applicant For Applicant : Mr. Aishwarya Kumar Dubey, Advocate. For Non-applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 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. 81/2025 registered at Police Station - Janjgir District - Janjgir-Champa (C.G.), for the offences punishable under Sections 420 and 34 of the Indian Penal Code. 2. The prosecution's story in brief is that the complainant lodged a report VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.25 19:08:23 +0530 2 in Janjgir police station alleging that applicant's husband and main accused and applicant lured him with high interest by investing his money in share trading and took Rs.6,50,000/- in cash from him. The applicant lodged a report in Janjgir police station regarding the above incident and on the basis of the applicant's report, a case under Section 420 and 34 of IPC has been registered against the accused and they have been arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that there is no direct involvement of the applicant in the alleged crime. He further submits that the applicant is a housewife and having no role financial transactions. He further submits that applicant is a woman and the mother of three minor children who are wholly dependent on her for their daily care and emotional wee-being and support her continued detention has severely impacted the lives of her children who are presently left without any proper guardian or care . He further further submits that applicant is suffering from serious medical conditions requiring urgent and consistent treatment. Her current medical condition is fragile, clearly show the complexity of her condition and her inability to sustain the rigors of prison life her post operative picture of applicant is annexed herewith as Annexure A/2 she is in jail since 18.05.2025, conclusion of the trial may take some time 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. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Having considered the overall facts and circumstances of the case, it is observed that the role attributed to the present applicant is distinguishable from that of her co-accused husband. It is further noted that the applicant is a woman and the mother of three minor children who are wholly dependent upon her for their care and up bringing and that she has no criminal antecedents, she is in jail since 18.05.2025 and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail. 7. Let the Applicant – Sunita Vastrakar, involved in Crime No. 81/2025 registered at Police Station - Janjgir District - Janjgir-Champa (C.G.), for the offences punishable under Sections 420 and 34 of the Indian Penal Code, be released on bail on furnishing 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under 4 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 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. 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