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2025 DAILYLAW 56576 (CHH)

SMT. JAGESHWARI MANDAVI v. STATE OF CHHATTISGARH

MCRC/9591/2025 · 2025-12-01

body2025

Judgment text

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1 2025:CGHC:58360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9591 of 2025 Smt. Jageshwari Mandavi W/o Santaram Mandavi Aged About 40 Years R/o Village Padde Schoolpara, P.S. Iragaon, Distt. Kondagaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P. S. Iragaon, District – Kondagaon, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Vikas Patel and Mr. Karan Kumar, Advocates. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 06/2025, registered at Police Station – Iragaon, District – Kondagaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code (For short, IPC). 2. The case of the prosecution, is that on 03.07.2025, the Office of the Sub-Divisional Officer (Revenue), Keshkaal, District Kondagaon, vide Letter No. 1106/A.V.A/Reader-2/2025, informed the Police that accused Jageshwari Mandavi, in the name of Jamuna Swa Sahayata RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Samuh, Village Padde, fraudulently operated Account No. 77071784988 of Chhattisgarh State Gramin Bank. It was alleged that the accused, by making false representations and forging signatures, illegally withdrew Loan amount of Rs.4,00,000/-. On the basis of the said information, the police registered an FIR against the present applicants. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It has been further submitted that the applicant is a lady and there is no any criminal antecedents registered against her. It is further submitted that the charge-sheet has been filed in the present case. The applicant is in jail since 31.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that on 03.07.2025, the Office of the Sub- Divisional Officer (Revenue), Keshkaal, District Kondagaon, vide Letter No. 1106/A.V.A/Reader-2/2025, informed the Police that accused Jageshwari Mandavi, in the name of Jamuna Swa Sahayata Samuh, Village Padde, fraudulently operated Account No. 77071784988 of Chhattisgarh State Gramin Bank. It was alleged that the accused, by making false representations and forging signatures, illegally withdrew Loan amount of Rs.4,00,000/-, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is a lady and there is no any criminal antecedents registered against her, the charge-sheet has been filed in the present case and the applicant is in jail since 31.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Smt. Jageshwari Mandavi, involved in Crime No. 06/2025, registered at Police Station – Iragaon, District – Kondagaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 of the IPC, 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 4 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. 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 Rajshekhar