1 2025:CGHC:456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8768 of 2024 Laxmi Yadav D/o Yashwant Yadav Aged About 31 Years R/o Sorid Nagar, Ward No. 20, Dhamtari, District Dhamtari Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Newai, District Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. B.Gopa Kumar along with Mr. Himansh Pandey, Advocates. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advcoate. For Objector : Mr. P.R. Patankar, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 287/2024, registered at Police Station – Newai, District Durg (C.G.) for the offence punishable under Sections 420, 406, 34, 411, 120-B of Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant 2 namely Hemant Kumar Soni own the shop in the name of Kanti Jewelers at Risali Basti-Durg, where on 13.05.2024 and 17.05.2024, the accused 'Vivek Kumar Sharma', being an acquaintance with one of the employees of the complainant's shop, took the complainant into confidence and purchased the gold jewelry of Rs. 18,71,504/- by issuing cheque of Rs. 10,00,000 and asked to pay the remaining amount on 25.05.2024. After that, the complainant had put up the cheque before the bank for the withdrawal of the amount of Rs. 10,00,000 which has been bounced by assigning the reason of insufficient fund, then the complainant on various occasion demand the aforesaid amount of Rs.18,71,,282 and for that purpose, again 3 cheque has been given by the accused namely Vivek Kumar Sharma, which has also been returned with a tip of insufficient fund in the account. After that, taking the main accused Vivek Kumar Sharma into custody and interrogating him and taking a memorandum, it was revealed that the above incident was committed and the gold jewelry purchased was mortgaged in Manappuram Finance Limited. On the basis of the aforesaid memorandum of the accused Vivek Kumar Sharma, the police have issued the notice to the Company Manappuram Finance Limited to submit the relevant documents with regard to the gold loan given to the accused Vivek Kumar Sharma. On the basis of aforesaid story of the prosecution, the applicant is alleged in the Crime No.287/2024 registered at Police Station- Newai, District- Durg 406 (C.G.) for 3 the offence U/s- 420, 34, 411, 120-B of I.P.C. 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 31 years old lady working as a Branch Manager of the Manappuram Finance Limited Company at Krishna Theatre Road Bhilai. He further submitted that the accused, namely, Vivek Kumar Sharam and Dharmendra Madan Jaiswal approached the company for the gold laon by pledging the gold, for which the company has completed the formalities as well as KYC as per the RBI guidelines to issue gold loan. He later submitted that the charge-sheet has been filed and the applicant is in jail since 30.11.2024 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail. 4 On the other hand, the learned State counsel as well as objector opposed the bail application. 5 I have heard learned counsel for the parties and perused the documents 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 the applicant is a 31 years old lady working as a Branch Manager of the Manappuram Finance Limited Company at Krishna Theatre Road Bhilai, further the main accused, namely, Vivek Kumar Sharam, his case is distinguished from the present 4 applicant, the charge-sheet has been filed and he is in jail since 30.11.2024 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. 7 Accordingly, the bail application is allowed. Let the applicant - Laxmi Yadav, involved in Crime No. 287/2024, registered at Police Station – Newai, District Durg (C.G.) for the offence punishable under Sections 420, 406,, 34, 411, 120-B 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 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 5 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 his, 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 his 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