1 2025:CGHC:4983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 773 of 2025 Nirjala Devi Alias Anita W/o Sanju Malhar S/o Basant Malhar Aged About 30 Years R/o Aarakanta, P.S. Kuju, District Ramgarh Jharkhand ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer P.S.- Aarang, District- Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Akash Sahu, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 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 bail to the applicant who has been arrested in connection with Crime No. 627/2024 registered at Police Station Aarang, District- Raipur (C.G.) for the offence punishable under Section 318 of Bhartiya Nyay Sanhita. (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the applicant allegedly lured the complainant to her house on 26.08.2024 by promising to exchange old utensils for new ones. On a second occasion, on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.29 10:47:41 +0530 2 27.08.2024, the applicant visited the complainant’s house and took gold ornaments for cleaning and polishing but did not return them. Based on this, an offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He further submits that nothing has been recovered form the possession of the applicant. He also submits that there are 02 other similar cases against the applicant including this case, against which the applicant has filed the bail application and has already been granted bail. He emphasizes that apart from these cases, the applicant has no prior criminal record and the applicant is in jail since 26.11.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant visited the complainant’s house and took gold ornaments for cleaning and polishing but did not return them, 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. Taking into consideration the facts and circumstances of the case, and the fact that in this case, nothing has been recovered form the possession of the applicant and further the fact that there are 02 3 other similar cases against the applicant including this case, against which the applicant has filed the bail application and has already been granted bail, he emphasizes that apart from these cases, the applicant has no prior criminal record and the applicant is in jail since 26.11.2024, and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Nirjala Devi Alias Anita, involved in Crime No. 627/2024 registered at Police Station Aarang, District- Raipur (C.G.) for the offence punishable under Section 318 of Bhartiya Nyay Sanhita, be released on bail on their 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 his absence, without sufÏcient 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 4 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan