1 2025:CGHC:53087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7558 of 2025 Simran Kaur D/o Late Rajendra Singh Urf Jobanjeet Singh Aged About 21 Years R/o House No.11/39, Near Dhariwal Gate Amritsar, Punjab (father name correctly as per page no.7) Current Address - Ward No.21, Road 18, Camp-01 Mother Teresa Nagar Bhilai, District : Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Vaishali Nagar, Bhilai, District : Durg, Chhattisgarh ... Respondent For Applicant : Shri Sudhanshu Kumar Singh, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 13:59:30 +0530 2 bail to the applicant who has been arrested in connection with Crime No.139/2025 registered at Police Station Vaishali Nagar, Bhilai, District Durg (C.G.) for the offence punishable under Sections 351(4), 140(1), 61(2) of the BNS. 2. According to the prosecution story, the complainant, Prahlad Shah, submitted a written report at Police Station Vaishali Nagar stating that since 5:00 p.m. on 20.05.2025, his nephew Rajat Shah had been continuously receiving WhatsApp calls on his mobile number 8109857496 from an unknown person who was threatening to kill him over a money transaction. The complainant further stated that his nephew had gone on a pilgrimage to Baba Baidyanath Dham. On the basis of this complaint, on 21.05.2025, Police Station Vaishali Nagar registered Crime No. 139/2025 under Section 351(4) of the Bharatiya Nyaya Sanhita (BNS) and took up the investigation. During investigation, the location of the said mobile number was traced to Bokaro, upon which a police team proceeded to Bokaro, Kolkata, for inquiry. During the search, the police questioned the suspect Rahul Paswan regarding Rajat Shah. Rahul disclosed that Aniket Mahto, Simran, Vikku @ Vikrant, Kaju @ Aman, and Shubham, along with him, had confined Rajat Shah and demanded ransom from his family because they had lost money in Reddy Anna cricket betting. When the police reached the place where Rajat Shah was held captive, they seized a Wi-Fi router used for online cricket betting. Thereafter, on tracing the location of the accused persons, the police went to Patratu Station, from where Rajat Shah was rescued and Simran was arrested. It was revealed that the accused persons — Aniket Mahto, Simran, Vikku @ Vikrant, Kaju @ Aman, Shubham, and Rahul — had 3 conspired together to confine Rajat Shah, demanded ransom, and assaulted him with fists and slaps. Accordingly, Sections 140(1) and 61(2) of the BNS were added to the case. During the course of investigation, the present accused/applicant was arrested on 23.05.2025 and has been in judicial custody since 24.05.2025. Upon completion of the investigation, a charge-sheet was filed on 14.08.2025 against the present applicant and two other accused persons under Sections 351(4), 140(1), and 61(2) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case. He would submit that there is no any allegation on the applicant that she was involved in kidnapping of Rajat Shah and asked for the ransom from the family member of Rajat Shah and no any incriminating article has been seized from the present applicant. He would submit that the present applicant is a student and somebody has used her mobile without her knowledge. He would submit that the victim who has given the statement and explained all the incident who has taken him and clearly stated that he has been abducted by the, Rahul, Anikat, Kaju, Vikrant and Subham it clearly shows that the present applicant did not participated in the aforesaid crime. He would submit that co-accused namely Shivendra Tiwari has been enlarged on bail by this Court in M.Cr.C. No. 6825/2025 on 29/08/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 23/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel do not dispute the fact that 4 co-accused namely Shivendra Tiwari has been enlarged on bail by this Court in M.Cr.C. No. 6825/2025 on 29/08/2025. 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 of allegation levelled against the applicant, further the fact that co-accused namely Shivendra Tiwari has been enlarged on bail by this Court in M.Cr.C. No. 6825/2025 on 29/08/2025, period of detention of the applicant since 23/05/2025, charge sheet has been filed, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Simran Kaur, involved in Crime No.139/2025 registered at Police Station Vaishali Nagar, Bhilai, District Durg (C.G.) for the offence punishable under Sections 351(4), 140(1), 61(2) of the BNS, 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 5 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 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. 8. 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 gouri