Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:35539
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4993 of 2025 1 - Roma Kumari W/o Rupesh Kumar Rajak Aged About 24 Years R/o Mayaganj Baksal Misri Lean, Thana Barari, District Bhagalpur, Bihar. --- Applicant versus 1 - State Of Chhattisgarh Through P.S. Bilha, District Bilaspur, Chhattisgarh. --- Respondent(s)
For Applicant : Ms. Pooja Loniya, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer
Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23/07/2025
1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 9/2023, registered at Police Station Bilha, District- Bilaspur (CG) for the offence punishable under Sections 420 and 120-B of IPC. 2. The prosecution story in brief is that the applicant along with other co-accused namely Rupesh Kumar Rajak under the pretext of securing a job in the Railways allegedly received amount of Rs. MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.24 15:34:33 +0530
2 5,40,000/- on different dates from the complainant and also forged a joining letter purportedly to support the false representation, due to which an FIR was registered against the applicant and other accused person by the Police Station Bilha, District Bilaspur. Thus, the applicant has been arrested on 29.12.2024 in Crime No. 9/2023. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that the present applicant has no previous criminal antecedents and is in jail since 29.12.2024 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant is the wife of co-accused namely Rupesh Kumar Rajak who committed cheating of Rs. 5,40,000/- and forged the joining letter, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel 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 further the fact that the co-accused is the husband of the present applicant who received an amount of Rs. 5,40,000/- for providing
3 job and there is no criminal antecedent of the applicant and is in jail since 29.12.2024 and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Roma Kumari, involved in Crime No. 9/2023, registered at Police Station Bilha, District- Bilaspur, (C.G.) for the offence punishable under Sections 420 and 120-B of IPC. be released on bail on their furnishing a personal bond with two local 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 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023.
(iii) In case, the applicant misuses the liberty of
4 bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita,
2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Madhurima