Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:55561
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9162 of 2025 • Kanika Maiti W/o Late Anukul Maiti Aged About 56 Years R/o 71 Tower, 34-G South City Complex, Jadhawpur, P.S. Jadhawpur, Kolkata (West Bengal)
...Applicant versus • State Of Chhattisgarh Through P.S. Lakhanpur, District Surguja (Chhattisgarh)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Akhat Kumar Yadav, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 14.11.2025
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 she has been arrested in connection with Crime No. 160/2023, registered at Police Station – Lakhanpur, District – Surguja (C.G.) for the offence punishable under Sections 420 read with 34 of IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act and Section 4, 5 and 6 of the Prize Chits and money Circulation Schemes (Banning) Act. 2. The case of the prosecution, is that on 28.07.2023 the complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:51:47 +0530
2 namely Smt Fuleshwari Bunakr has lodged written FIR before the police station Lakhanpur stated that the company of MEGA MOULD INDIA LTD ( Subsidiary of icore Service Limited, through its directors and agents including persons named present applicant and other accused person- allegedly collected large amounts of money from local residents and investors under the guise of investment schemes promising high returns. Thereafter the police station Lakhanpur has registered a case as Crime Number 160/2023 for offence punishable under section 420, R/w 34 of IPC, Section 10 of the Chhattisgarh Protection of Depositors interests Act and Section 4, 5, and 6 of the Prize Chits and money circulation Schemes (Banning) Act against the applicant & other co-accused person. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and applicant is a lady aged about 56 years old and there is 12 years delay in lodging FIR against the applicant. He also submits that there is no criminal antecedents registered against her. It is further submitted that the charge-sheet has been filed in this case.
The applicant is in jail since 09.10.2025 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 applicant is a resident of the State of Kolkata (West Bengal) and there is one criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case against the applicant as a absconder. 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 applicant is a lady aged about 56 years and there is one criminal antecedents registered against her and the applicant is in jail since 09.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Kanika Maiti, involved in Crime No.160/2023, registered at Police Station – Lakhanpur, District – Surguja (C.G.) for the offence punishable under Sections 420 read with 34 of IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act and Section 4, 5 and 6 of the Prize Chits and money Circulation Schemes (Banning) Act, be released on bail on his furnishing a personal bond with two local 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
4 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 him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. 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 vaishali