1 2025:CGHC:45003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6997 of 2025 Bina Tandi W/o Shri Sahdev Tandi Aged About 35 Years R/o R.D.A. Colony, Gudiyari, Police Station- Gudhiyari, District- Raipur, ( C.G. ). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Lines, District- Raipur ( C.G. ). ... Non-applicant For Applicant : Mr. Galib Dwivedi, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.09.2025 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. 44/2025 registered at Police Station : Civil Lines District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), 317(5) & 111, of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of prosecution, information was received through cyber crime reporting portal coordination that 104 bank accounts have been opened in utkarsh small finance bank branch civil lines Raipur VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.03 18:45:31 +0530 2 IFSC code UTKS0001400 which are being used to received money from cyber fraud. As per the instruction received from police headquarters, a letter along with the details of the above incident was sent to Civil Lines Police Station, Raipur (C.G.). Then the First Information Report was registered against 104 bank account holder including the present applicant U/S 317(2), 317(1) 317(5), 111,3(5) of B.N.S. the present applicant has been arrested by Police Station Civil Lines, District - Raipur, (C.G.) on 23.01.2025 for the alleged offences punishable under section 317(2), 317(4), 317(5), 111, 3(5) of B.N.S. The copy of F.I.R. is being annexed herewith as Annexure A/2. 3. The applicant is innocent and has been falsely implicated in the instant case. She is a poor woman with four children, being their sole caretaker in the absence of her husband, and has no criminal antecedents, having herself been a victim of fraud. The Hon’ble High Court has already granted bail to the co-accused in the same crime, as reflected in MCRC Nos. 4289/2025, 5735/2025, and 5801/2025. A charge sheet has been filed on 21.04.2025, and the applicant has been in custody since 23.01.2025, while the conclusion of the trial is likely to take considerable time. There is no material evidence on record to support the alleged offence against her. She is a permanent resident with no likelihood of absconding or tampering with evidence, and she is willing to furnish adequate surety and comply with all conditions that may be imposed by this Hon’ble Court, 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. 3 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 the fact that though the bail applications of the co-accused persons are stated to be rejected by this Court, but the bail application of the co- accused persons have been allowed by this Court vide orders dated 23.07.2025, 12.06.2025 & 25.07.2025 passed in MCRC Nos. 5735/2025, 4289/2025 & 5801 of 2025 on the ground that they are lady, and the the applicant also happens to be a lady, and there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 23.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application. 7. Let applicant, Bina Tandi, involved in rime No. 44/2025 registered at Police Station : Civil Lines District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), 317(5) & 111, of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 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 her counsel. In case of her absence, without sufficient 4 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 her 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