1 2025:CGHC:45004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7036 of 2025 Kalpana Khare D/o Babulal Khare Aged About 45 Years R/o Near Suyash Hospital, Kota, P.S. Gudhiyari, District : Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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. 44/2025 registered at Police Station Civil Line, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant submitted a AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 written complaint to the concerned police station alleging that the accused persons had issued a SIM card in the name of the complainant without authorization. Based on this complaint, an FIR was registered against the accused persons under Sections 317(2), 317(3), 317(5), 111, and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is lady and has not committed any offence and he has been falsely implicated in offence in question. She further submits that the identically situated co-accused, namely, Preeti Sahu has already been granted regular bail by this Court vide order dated 12.06.2025 in MCRC No.4289 of 2025. The applicant is in jail since 23.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and 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 State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons allegedly issued a SIM card in the name of the complainant without authorization, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 3 since 23.01.2025, the fact that though the applicant alongwith other co-accused persons allegedly issued a SIM card in the name of the complainant without authorization, but considering the fact that applicant is a lady and co-accused, namely, Preeti Sahu has already been granted regular bail by this Court vide order dated 12.06.2025 in MCRC No.4289 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Kalpana Khare, involved in Crime No. 44/2025 registered at Police Station Civil Line, Raipur, District : Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, 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 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 4 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. 9. 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 Akhil