1 2025:CGHC:48166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6826 of 2025 Ishwari Sahu W/o Manik Ram Sahu Aged About 48 Years R/o Imli Bhatha, Bandhwapara, Sarkanda, Bilaspur, Tehsil And District Bilaspur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Sarkanda, District - Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Yash Chaturvedi, Advocate (through VC) and Shri Ashish Tiwari, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.1003/2025 registered at Police Station Sarkanda, District - Bilaspur for the offence punishable under Sections 420, 507 r/w 34 of IPC, 1860. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 10:50:04 +0530 2 2. Case of the prosecution, in brief, is that applicant has been arraigned as one of the co-accused in respect of FIR No 1003/2025 dated 23.07.2025 filed by Chhattisgarh Police, Thana Sarkanda, Bilaspur under Sections 420, 507, 34 of the Indian Penal Code. It is alleged in the said FIR that the complainant, Somen Singh, who is a serving soldier in the Indian Army, was induced by co-accused Raju Sahu and Dilip Kashyap to invest in a "multi-million-dollar project for manufacturing microphone units". Raju Sahu allegedly presented himself as a serving soldier, and Dilip Kashyap as a former soldier. In the said FIR, the Complainant allegedly claims to have invested a total of Rs.3,00,000/- [Rupees Three lakhs only] in a fraudulent scheme. Specifically, the said FIR states that an amount of Rs.1,50,000/- was transferred from the complainant to the bank account of Smt. Ishwari Sahu, i.e. the applicant herein. It is further alleged in the said FIR that Rs.1,40,000/- was transferred on various dates, including December 23, 2023, December 29, 2022, and December 30, 2022. Allegedly, another amount of Rs.1,50,000/- was received in the Applicant's account (account number 734901500343) on 23.12.2022. The total alleged amount involved in the case is stated to be Rs. 3,00,000/- [Rupees Three lakhs only). The Applicant is arrested in respect of the said FIR on 24.07.2025. 3. Learned counsel for the applicant submits that the complainant has concealed material facts and shown a different picture in the FIR. He would submit that the complainant's mother enrolled in QNET Ltd.'s direct selling business, was informed about terms and conditions, and purchased products and she later sought a refund, which was denied due to exceeding the standard SLA (30 days). He would further submit 3 that the complainant and his mother allegedly conspired to frame the applicant to obtain money, after earning commissions. He would further submit that the FIR is an attempt to exert undue pressure, filed after a 3 year delay. He would submit that the applicant is wanted in another case of similar nature, in this case the applicant is in jail since 24/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, materials available on record, period of detention of the applicant since 24/07/2025, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ishwari Sahu, involved in Crime No.1003/2025 registered at Police Station Sarkanda, District - Bilaspur for the offence punishable under Sections 420, 507 r/w 34 of IPC, 1860, be released on bail on her 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri