1 2025:CGHC:54174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8804 of 2025 Nageshwari Mandavi W/o Late Toman Lal Mandavi Aged About 32 Years R/o Ramnagar, Balod, Police Station And District - Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Doundi Lohara And District - Balod (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhanshu Kumar Singh, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 186/2024 registered at Police Station Doundi Lohara And District - Balod (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 318(4), 61(2) & 3(5) of BNS. 2. Case of the prosecution, in brief, is that the accused persons, in collusion with each other, induced rural women to form self-help groups by promising them commission and business investment opportunities. After forming these groups, the accused persons allegedly facilitated the withdrawal of bank loans in the names of these women from various banks, but without repaying any installments, they misappropriated the entire loan amount. It is alleged that through this fraudulent scheme, the accused persons cheated the women of a total amount of Rs.23,95,162/-. The case is economic in nature and of serious gravity. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 14.07.2025 in MCRC No.5482 of 2025, therefore this second bail application is filed on the ground that the identically situated co-accused, namely, Seema Bai Oti, whose first bail application was rejected by this Court vide order dated 14.07.2025 in MCRC No.5458 of 2025 has already been granted second bail by this Court vide order dated 04.11.2025 in MCRC No.8760 of 2025. The applicant is in jail since 06.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant along with co-accused persons, allegedly formed women’s self-help groups by luring rural women with the promise of commission and business investment opportunities. She then helped obtain bank loans in their names and, without repaying any installments, misappropriated the entire loan amount of Rs.23,95,162/-, thereby cheating the women and causing them financial loss. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it appears that this is the second bail application of the applicant, the first bail application of the applicant was rejected by this Court vide order dated 14.07.2025 in MCRC No.5482 of 2025 on the ground that the applicant along with co-accused persons, allegedly formed women’s self-help groups by luring rural women with the promise of commission and business investment opportunities, she then helped obtain bank loans in their names and, without repaying any installments, misappropriated the entire loan amount of Rs.23,95,162/-, thereby cheating the women and causing them financial loss, but considering the fact that the identically situated co-accused, namely, Seema Bai Oti, whose first bail application was rejected 4 by this Court vide order dated 14.07.2025 in MCRC No.5458 of 2025 has already been granted second bail by this Court vide order dated 04.11.2025 in MCRC No.8760 of 2025, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nageshwari Mandavi, involved in Crime No. 186/2024 registered at Police Station Doundi Lohara And District - Balod (C.G.) for the offence punishable under Sections 318(4), 61(2) & 3(5) of 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 of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 5 (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. 9. 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 Akhil