1 2025:CGHC:53908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8760 of 2025 Seema Bai Oti W/o Devkumar Oti Aged About 38 Years R/o Ramnagar, Balod, Police Station And District Balod, C.G. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Doundilohara, Police Station And District Balod, C.G. ... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 04/11/2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 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, District – Balod (C.G.), for the offence punishable under Sections 318 (4), 61 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that preset applicant alongwith other co- accused person, accused persons and one Kholbehra Nishad came to the house of the complainant Veena Goti and on 17.09.2024 advised her to constitute a group of 3 to 4 women and with the help of Kholbehra Nishad they have got some loan for the name of the said group from the bank and 2 when the loan amount has been sectioned to the group, the said Kholbahra has invested the 90% of the loan amount in a scheme ad gave the remaining 10% amount to the member of the said group and so far as the aforesaid 90% of the amount is concerned, the installment has been paid by the said Kholbahra and with the aforesaid scheme according to the investigation, a sum of Rs. 23,95,162/-received by the said Kholbahra in between friend of the Kholbahra namely Rakesh Kumar Jangde and Devanand Sonwani but due to financial crisis when some loss has been occurred in the aforesaid finance scheme, the Kholbehra was unable to deposit the installment, then on the basis of the report of the complainant the offence has been registered against the Kholbahra and the others and the charge-sheet has been filed for the alleged commission of offence. Hence this bail application. 3. Learned counsel for the applicant would submit that this is the second bail application. The first bail application was dismissed on merits vide order dated 14.07.2025 in MCRC No. 5458/2025. He submits that this second bail application is filed on the ground of delay in trial and so far as, the status of the trial is concerned, only 02 prosecution witnesses out of 126 witnesses have been examined before the learned Trial Court and therefore, the conclusion of trial may take sometime. Moreover, he submits that no money has been received by the applicant from the complainant and the present dispute is of civil nature, however, it has been given criminal colour by falsely filing allegations against the applicant. Applicant is in jail since 06.03.2025. Hence, applicant may be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of cheating with the complainant, therefore, applicant may not be enlarged on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that, applicant is having no criminal antecedent against her, further, charge-sheet has been filed before the competent Court, period of pre-trial detention and the fact that only 02 witnesses have been examined till date, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Seema Bai Oti, involved in Crime No. 186/2024 registered at Police Station – Doundi Lohara, District – Balod (C.G.), for the offence punishable under Sections 318 (4), 61 (2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 his counsel. In case of his 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY