Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 42878 (CHH)

KIRAN AGRAWAL v. STATE OF CHHATTISGARH

MCRC/7337/2025 · 2025-09-11

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:46907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7337 of 2025 Kiran Agrawal D/o Shri Manmohan Agrawal Aged About 37 Years R/o House No. 565, Mohla, Tahsil Mohla, District Mohla Manpur Ambagarh Chowki C.G. ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali, Rajnandgaon C.G. ---- Non-applicant For Applicant : Mr. Parth Shrivastava, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.09.2025 1. The applicant has preferred this First 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. 694/2024, registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 420, 419, 468, 471 and 34 of the Indian Panel Code (IPC). 2. The case of the prosecution, is that the applicant through her mobile contacted Mukesh Banjare on his mobile, the applicant induced him on the pretext of securing employment for his brother (Abhishek Banjare) on the post of Peon at Manpur-Mohla-A.O. Chowki. Upon which an amount RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 was withdrawn from the State Bank of India, Main Branch, Rajnandgaon, from the account of Rajesh Banjare (father of Mukesh Banjare), and deposited into the account of applicant. The applicant in connivance with her associate Sandeep Ganguly, obtained a total sum of Rs. 3,00,000/- from Mukesh Banjare in six installments, which were deposited in her bank account, the applicant in collusion with Sandeep Ganguly, prepared forged documents in the form of a fabricated appointment letter and by such fraudulent means, cheated Mukesh Banjare into parting with the said sum of Rs. 3,00,000/-. Accordingly, the crime was registered and the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the applicant happens to be a lady and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 03.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant in connivance with other co-accused person, has obtained money to the tune of Rs. 3,00,000/- from the complainant on the pretext of providing job. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant 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 03.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Kiran Agrawal, involved in Crime No. 694/2024, registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 420, 419, 468, 471 and 34 of the IPC, 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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 him 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 Rajshekhar