1 2025:CGHC:60091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8900 of 2025 Seema Solanki W/o Vijay Solanki Aged About 24 Years R/o Raghuveer Nagar, R.G.- 166, T- Heights Garden, Paschim Vihar, Delhi. ... Applicant versus State Of Chhattisgarh Through P S Civil Lines, Bilaspur, District Bilaspur C.G. ... Respondent For Applicant : Shri Anchal Kumar Matre, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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.433/2025 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.11 18:14:45 +0530 2 2. Case of the prosecution, in brief, is that the applicant is alleged of being a member of gang who have duped the complainant lady and fraudulently have taken her gold ornaments worth Rs. 3,50,000/-on pretext of removing quarrelsome sin by incantation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the applicant has been arrested only on the basis of suspicion as she is a street vendor and is permanent resident of Delhi. He would submit that the applicant is innocent person which can be ascertained from the difference in descriptions of 3 persons given by the complainant in the FIR which is completely different from the present applicant. He would submit that the applicant also has an infant of about 10 months along with her inside the custody and there is much difficulty in keeping the infant inside the jail. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 19/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant is resident of Delhi and she has one more criminal antecedent in Chhattisgarh. 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, nature of allegation levelled against the applicant, period of detention 3 of the applicant since 19/04/2025, charge sheet has been filed, applicant has one more criminal antecedent in Chhattisgarh, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Seema Solanki, involved in Crime No.433/2025 registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, be released on bail on her furnishing a personal bond with two local 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 her 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 proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri