1 2025:CGHC:57299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9548 of 2025 • Sofiya Khan @ Muskan W/o Salim Khan Aged About 52 Years R/o Village Gorakhpur, Tahsil Pendra Road, District Gaurela Pendra Marwahi (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Gaurela, District Gaurela Pendra Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amarnath Pandey with Mr. Pritam Singh, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.11.2025 1. The applicant has preferred this Second 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.434/2024, registered at Police Station – Gaurela, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 420, 406 of Indian Penal Code. 2. The first bail application filed by the applicant was rejected on 12.06.2025 in MCRC No.4335 of 2025. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 18:47:06 +0530 2 3. The case of the prosecution, is that the applicant cheated 30-35 women by telling them that she could secure them loan agriculture from Bank namely Federal Bank, Fusion Bank, Pragati Bank. For this purpose women itself help group was also formed. It is alleged that the bank transferred money in the account of women. Thereafter, the applicant told that now their loan account is closed and they were not required to pay back the loan. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that there are total 37 witnesses, out of which only one witness has been examined. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 30.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is two previous criminal antecedents registered against the present applicant, the charge- sheet has been filed in this case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are total 37 witnesses, out of which only one witness has been examined, charge-sheet has been filed against the applicant, the applicant is in jail since 30.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 8. Let applicant, Sofiya Khan @ Muskan, involved in Crime No. 434/2024, registered at Police Station – Gaurela, District – Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 420, 406 of Indian Penal Code, 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 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. 4 9. 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