1 2025:CGHC:51751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8339 of 2025 1 - Mrs. Prerna Sharma W/o Shri Sampanna Sharma Aged About 49 Years R/o - Azad Chowk, Suhaga Mandir Marg Bramhan Para, Raipur C.G. ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station- Azad Chowk District Raipur C.G. ... Non-applicant For Applicant : Mr. Himanshu Thakur, Advocate along with Mr. Ashish Pandey, Advocate For Non-applicant : Mr. Nitansh Kumar Jaiswal, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 16.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant has been arrested in connection with Crime No. 221/2025 registered at Police Station – Azad Chowk, District – Raipur (C.G.), for the offence punishable under Section 318 (4) the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant Jyoti Yadav submitted a written complaint to the police station stating that she lives in Handipara, Raipur, has a fifth-grade education, and is a homemaker. Prerna Sharma, whose husband, Sampann Sharma, also lives in Brahminpara, near her neighbourhood, making her a longtime acquaintance. Prerna Sharma offered to help her and several other women in the neighbourhood obtain loans from SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 various banks. Prernaalso told her that she would arrange loans from any bank and invest them in various businesses. The amount she invested in the loan would quickly double or more. Upon hearing this, she, at Prerna Sharma's behest, deposited 80,000 in various banks, including Janalakshmi ₹ Bank, 35,000 in Bandhan Bank, 40,000 in B.S.S. Bank, and 40,000 in SBI. ₹ ₹ She got a loan of Rs. 3,75,000/- from Bank in her name and with her consent and kept the entire money with herself. Prerna Sharma used to accompany him to the bank while getting the loan from the banks. After getting the loan from the banks, she used to keep the loan process papers and the money with herself and used to say that if she would invest this money in the share market, she would get double the amount soon, which she would return to her. She had trusted the above assurance. The FIR about the alleged offence was lodged on 06/08/2025 and the applicant was arrested on 06.09.2025. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the applicant was only an employee of the Self-Help Group and have no knowledge about stocks and share markets. He contended that the complainant persons were provided on the basis of their application being submitted in the Self-Help Group and the applicant used to recover the installments and repayments. He submits that there is no such evidence against the applicant in the charge-sheet and she has been falsely implicated in the case. He also submits that the applicant is in jail since 06.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 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. She submits that there specific allegations leveled against the applicant of committing cheating 3 the complainant and other people by investing their money on stock market and other investments and thereafter, not returning their money. She submits that the applicant used to dupe the poor persons and thereafter, used to grab money from them by making false assurances. Hence, he may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further the fact that charge-sheet has been filed before the competent Court and the applicant is in jail since 06.08.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Prerna Sharma, involved in Crime No. 221/2025 registered at Police Station – Azad Chowk, District – Raipur (C.G.), for the offence punishable under Section 318 (4) 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 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 court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 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