1 2025:CGHC:3455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 535 of 2025 Sankranti Pradhan W/o Harprasad Pradhan, Aged About 45 Years, R/o Dhurkot, Police Station Janjgir, Presently Residing At Behind Basketball Court, Janjgir, District – Janjgir-Champa, Chhattisgarh. … Applicant versus State of Chhattisgarh Through The District Magistrate, Janjgir, District- Janjgir Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20/01/2025 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.530/2024, registered at Police Station –Janjgir, District- Janjgir Champa (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code. 2 The case of the prosecution, in brief, is that on 04.07.2024, the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.21 11:09:08 +0530 2 complainant, namely, Anita Paramhans lodged a written complaint against the present applicant and one co-accused, namely, Prakash Tighore alleging that the applicant and the co-accused persons have taken a loan amount of Rs. 3,00,000/- in their name from the private finance banks from 01.03.2021 to 31.03.2023 and thereafter, they did not paid the installment amount due to which the bank personals are started harassing them. She further alleges that the applicant and the co-accused have committed same fraud with other women also which total amount to Rs. 39,58,000/-. Based on the information, the Police registered the FIR against the applicant and the co-accused and arrested them. 3 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 a lady and the case is purely of civil in nature as from the complaint and the statement made by the complainant it can be seen that the complainant themselves given consent to obtain loan on behalf of them and complainant were fully aware of the said fact. He further submitted that the charge-sheet has already been filed in this case and the applicant is in jail since 05.07.2024 and conclusion of the 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 opposed the bail application and submitted that the charge-sheet has been filed. He further submitted that the applicant and the co-accused persons have committed fraud of Rs. 3,00,000/- with the complainant. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents 3 available on record. 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 is a lady and the case is purely of civil in nature, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 05.07.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Sankranti Pradhan, involved in Crime No.530/2024, registered at Police Station –Janjgir, District- Janjgir Champa (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code, 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 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 4 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 os 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 Preeti