1 2025:CGHC:55364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7489 of 2025 Hemlata Sahu @ Hema W/o Suresh Sahu Aged About 25 Years R/o Village Ranpota, P.S. Hasoud, Distt. Janjgir Champa, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Sheorinarayan, Distt. Janjgir Champa, Chhattisgarh. ... Non-Applicant For Applicant : Mr. F.S. Khare, Advocate For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 13/11/2025 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. 259/2025 registered at Police Station – Sheorinarayan, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 112 (B), 317 (2), 317 (4), 317 (5), 318, 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, Government of India Ministry of Home Cyber crime Co-ordination Centre sent an information to Range Cyber Cell Janjgir that by opening mule account by the applicant and other co-accused in Axis Bank Sheorinarayan Branch there is transaction of Rs. 31,49,312/- and this amount may be obtained through cyber fraud. On the basis of information the 2 police investigated the case and found that there is saving account of applicant in the Axis Bank and there is some transaction of amount. On the basis of the information, crime was registered in the concerned police station and applicant was arrested on 28.08.2025. 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 has not committed any fraudulent transaction or received money from any of the accused persons. He submits that the applicant has only opened a bank account on the assurance given by the another co-accused person. He submits that the applicant was completely oblivious of the fact that the said account was being used for online fraudulent transactions. He contended that along the applicant, her 04 years old son has also been arrested who is currently with the applicant in jail. So far as the criminal antecedents of the applicant is concerned, he submits that there is no criminal antecedent against the applicant. She is in jail since 28.08.2025, conclusion of 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 though the charge-sheet has already been submitted before the competent Court in the present case, however, he submits that the husband of the applicant has used her account for receiving money and in her account, the applicant has received Rs. 1,55,000/-. He submits that there is specific allegation against the applicant of using her account for commission of online fraud and receiving money. However, he do not dispute the submission of counsel for the applicant that the applicant is having no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that 3 the applicant has no criminal antecedents against him. Moreover, the charge- sheet has already been submitted before the competent Court in the present case and the fact the bank account in the name of applicant was opened by her husband (co-accused), applicant is a lady and along with the applicant, her 04 years old child is also in jail since 28.08.2025, 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 – Hemlata Sahu @ Hema, involved in Crime No. 259/2025 registered at Police Station – Sheorinarayan, District – Janjgir – Champa (C.G.), for the offence punishable under Sections 112 (B), 317 (2), 317 (4), 317 (5), 318, 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 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 his 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 4 against his, 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. 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