1 2025:CGHC:46368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6183 of 2025 Lalima Mathews W/o Beeru Mathews Aged About 50 Years R/o 422 Pirda Road, Village Jora, District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Telibandha, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. T.K. Jha, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.09.2025 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. 402/2025 registered at Police Station : Telibandha District – Raipur (C.G.) for the offence punishable under Section 318(4) & 316(2) of the BNS. 2. As per prosecution story in brief is that, the complainant Janki Soni VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.11 12:55:21 +0530 2 and 60 other ladies of her street lodged FIR and stated that the accused forming a group in the name of Krishak Nagar Jora Mahila Samuh given false promise to them obtaining loan. The accused obtained loan of Rs. 7,80,000/- and used herself which amounts to breach of trust. During the investigation applicant was arrested on 05.07.2025. 3. The applicant is innocent and has been falsely implicated in the instant case. She has three minor school-going children who are facing great hardship in her absence, as shown by the admission slips filed as Annexure A/3. The applicant has been in custody since 05.07.2025, is a permanent resident of the address mentioned above, and possesses both movable and immovable property, leaving no likelihood of her absconding or tampering with prosecution witnesses. She is ready to furnish adequate security and abide by all conditions and directions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the present 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 facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in 3 the present case before the competent Court and the present applicant has been in jail since 05.07.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Lalima Mathews, involved in Crime No. 402/2025 registered at Police Station : Telibandha District – Raipur (C.G.) for the offence punishable under Section 318(4) & 316(2) of the BNS, be released on bail on his furnishing a personal bond with two 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 his 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 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 4 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