1 2025:CGHC:53148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7549 of 2025 Poonam Nayak W/o Shri Abhinandan Nayak Aged About 47 Years R/o Hanuman Mandir, Raipura, Police Station D.D. Nagar, Tahsil And District Raipur (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Kotwali Mahasamund, District : Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate For Non-Applicant : Mr. Hariom Rai, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/10/2025 1. The applicant has preferred this Second Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 146/2025, registered at Police Station- Kotwali, District : Mahasamund, (C.G.) for the offence punishable under Sections 318 (4), 61 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, the applicant along with co-accused persons have committed fraud by running a small scale industry and providing employment to other women by giving them four hours of work and Rs.200/- per day as salary and by conspiring to invest Rs. 40,000/- in the said small scale industry and getting a loan of Rs. 40,000/- from each woman and taking the said amount themselves and not paying the installments after 2 paying them for a few days and also not paying the salary. From the observation of the case diary of Sections 318 (4), 61 (2), 3 (5) of the BNS, the applicant and other co-accused persons obtained loan of Rs. 40,000/- from each woman by luring and other women with the promise of providing them employment with a salary of Rs. 200/- per day and working for four hours and after settling the loan for a few days, the loan was stopped and the salary was also stopped. The applicant along with co-accused persons have been shown to have cheated about 55 women of Mahasamund, about 22 women of Mudiyadih Khallari and about 79 women of Arang area by conspiring and luring them, taking Rs. 40,000/- per woman in their bank account and in cash, a total of Rs. 53,60,000/-, on which a case has been registered in Mahasamund Police Station under Crime No.-146/2025. A case under sections 318 (4), 61 (2), 3 (5) of the BNS has been registered and applicant has been arrested on 11.04.2025. 3. Learned counsel for the applicant submits that this is the second bail application. The first bail application was dismissed on merits vide order dated 20.06.2025 in MCRC No. 4729/2025. He submits that this bail application has been filed on the ground of delay in trial as till date, only the complainant has been examined out of 46 witness before the learned Trial Court. In support of his contention, he has placed on record the order-sheets fo the learned Trial Court. He submits that there is no specific allegation against the applicant and charge-sheet has also been filed before the learned Trial Court. So far as criminal antecedents of the applicant are concerned, he submits that there are 03 criminal antecedents (Crime No. 153/2020, Crime No. 330/2025 and Crime No. 192/2020, P.S. Arang, District – Raipur) against the applicant which are pending adjudication. Applicant is in jail since, 11.04.2025. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 3 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under Sections 420, 120-B, 34 of the Indian Penal Code, 1860. The applicant allegedly formed a group of total 79 women and have committed a fraud amounting to Rs. 30,80,000/- and therefore, considering the seriousness of the offences, it is submitted that the bail application deserves to be dismissed. 5. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 6. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicant has been in custody since 11.04.2025, charge-sheet has been filed before the concerned Trial Court, till date only the complainant has been examined and summons have been issued to the other witness, nature of offence alleged against the applicant, it appears to be just and reasonable case to allow the applicant to be released on bail. 7. Accordingly, applicant- Poonam Nayak, involved in Crime No. 146/2025, registered at Police Station- Kotwali, District : Mahasamund (C.G.) for the offence punishable under Sections 318 (4), 61 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 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 4 on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY