1 2025:CGHC:55418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8111 of 2025 • Smt. Sapna Saraf W/o Gulab Saraf Aged About 52 Years R/o Near Shani Mandir, Raj-Kishore Nagar, Bilaspur, P.S. Sarkanda, District Bilaspur C.G. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shakti Raj Sinha. Advocate For Respondent/State : Ms. Supriya Upasne, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 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. 1239/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that on 05.09.2025, a report was lodged by the complainant Saurabh Tiwari at the Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:36:05 +0530 2 Sarkanda to the effect that he is posted on the post of Assistant Grade-03 in Municipal Corporation Bilaspur, through the office letter no.- by the Executive Engineer Pradhan Mantri Awas Yojana Municipal Corporation Bilaspur Chhattisgarh 331/Npani/pmay/2025 Bilaspur dated 29.07.2025 was sent for registering the crime. According to which, a complaint was made by both the complainant in the public hearing of Collector Bilaspur regarding the amount of Rs. 1,70,000/- taken from Mrs. Uma Sahu and Rs. 1,70,000/- from Mrs. Santoshi Vishwakarma in lieu of getting Atal Awas by present applicant. Fake receipt books of Municipal Corporation Bilaspur were printed/receipts were issued to the above two accused and by the applicant. On the report of the complainant, the case was taken up for investigation and the said act of the complainant was found to be an offence under sections 420, 467, 468, 471 of the Indian Penal Code, hence crime number 1239/2025 was registered and the applicant was arrested and detained in custody. Hence this bail application. 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 52 years and there is no criminal antecedents registered against her. He further submits that co- accused has already been granted anticipatory bail by this Court vide order dated 06.09.2024 in MCRC No.958 of 2024. It is further submitted that the charge-sheet has not been filed in this case. The applicant is in jail since 05.09.2025 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 there is no criminal antecedents 3 registered against the present applicant, and the charge-sheet has not been filed in this case. It is further submitted that present applicant along with other co-accused person has obtained some amount and prepared forged receipt therefore, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of 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 applicant is a lady aged about 52 years and there is no criminal antecedents registered against her. He further submits that co-accused has already been granted anticipatory bail by this Court vide order dated 06.09.2024 in MCRC No.958 of 2024 and the applicant is in jail since 05.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Smt. Sapna Saraf, involved in Crime No.1239/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (for short, IPC), 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 4 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 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. 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