1 2025:CGHC:50513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6785 of 2025 Shashi Upadhyay W/o Shri Satish Upadhyay Aged About 65 Years R/o Jayanti Nagar, Durg, District : Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - P.S.- Mohan Nagar, District : Durg, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ashutosh Dwivedi, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10. 202 5 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 219/2025, registered at Police Station – Mohan Nagar, District : Durg, (C.G.) for the offence punishable under Sections 318(3), 319(2), 336(5), 3(5), 249(3), 61(1) and 338 of Bharatiya Nyay Sanhita and Section 3 of the Passport Act. 2. Earlier first bail application of the applicant was dismissed as PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.10 14:18:43 +0530 2 withdrawn on technical grounds by this Court vide order dated 13.08.2025. 3. The prosecution case, in brief, is that on 22.05.2025, the police received secret information from an informer that two suspected Bangladeshi women were residing on rent at different locations in Raipur and Bhilai-Durg using forged citizenship-related documents. It was further informed that they were currently residing at the house of the applicant, Shashi Upadhyay, located in Jayanti Nagar, Durg, while concealing their true domicile. Upon arrest, one of the women revealed her original name as Sanaya Noor, a Bangladeshi national, and stated that she had been living in India under a false identity Sapna Sharma @ Sapna Manda at Changorabhata, Raipur. The other woman, Khushbu, was also found residing in India using forged and fabricated documents, including a fake Aadhaar card. The allegation against the applicant is that she assisted the two Bangladeshi nationals in preparing the forged documents. It is pertinent to mention that the two co-accused have already been granted default bail by the trial court under Section 187(3) of the Bhartiya Nagrik Suraksha Sanhita. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is alleged to have given shelter to a Bangladeshi citizen, and that two of the co-accused, namely Rani Paswan and Sapna Mandal, have already been granted default bail by the Trial Court by order dated 30.07.2025, which is taken on record. He further submitted that the applicant has one previous 3 criminal antecedent, which is pending, the charge-sheet has been filed in this case and the applicant is in jail since 29.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that as per the case dairy, it transpires that upon thorough investigation, it was found that the suspected Bangladeshi national Sanaya Noor, alias Sapna Mandal, alias Sapna Abhay Kumar Sharma, was residing unlawfully in India by concealing her Bangladeshi nationality. She deceitfully attempted to establish herself as an Indian citizen by fraudulently creating forged documents such as Aadhar card, PAN card, voter ID, etc., and misusing them. Similarly, it was found that another accused, Khushboo, was also residing in India based on forged and fabricated documents, and had prepared a fake Aadhar card. During the investigation, it was discovered that she had deleted data from her mobile phone. The forged documents were prepared with the help of the applicant Shashi Upadhyay, who also provided shelter to the other accused, further the applicant has one previous criminal antecedent, hence, the bail application of the applicant deserves to be rejected. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the 4 applicant, as well as the fact that two of the co-accused, namely Rani Paswan and Sapna Mandal, have already been granted default bail by the Trial Court by order dated 30.07.2025, and further considering that the applicant is an elderly woman aged about 65 years, further the applicant has one previous criminal antecedent, the charge-sheet has been filed in the present case and the applicant is in jail since 29.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 8. Accordingly, the bail application is allowed. Let applicant - Shashi Upadhyay, involved in Crime No. 219/2025, registered at Police Station – Mohan Nagar, District : Durg, (C.G.) for the offence punishable under Sections 318(3), 319(2), 336(5), 3(5), 249(3), 61(1) and 338 of Bharatiya Nyay Sanhita and Section 3 of the Passport 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 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 5 through her 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 applicants 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. 9. 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 Preeti