1 2025:CGHC:56172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8361 of 2025 Mamta Dhidhi S/o Late Bharosa Dhidhi Aged About 30 Years R/o Village Tumgaon P.S. Tumgaon, Tehsil And District- Mahasamund (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station Tumgaon, District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Shubhank Tiwari, Advocate For Non-Applicant : Ms. Shubra Shrivastava, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 18/11/2025 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 who has been arrested in connection with Crime No. 186/2025 registered at Police Station – Tumgaon, District – Mahasamund (C.G.), for the offence punishable under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956 and under Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the applicant came to the house of complainant at around 2-3 pm and started abusing him. She further threatened the complainant and called him at Gaura Chowk at night and asked him to have an illicit relationship and also had tried to outrage his modesty by forcefully entering his house. The further allegation is that the 2 complainant tried to harass the complainant by threatening him to falsely implicate him in a crimnal case. On the basis of the report, aforementioned offences were registered and the applicant was arrested on 09.09.2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the applicant is mother of 04 children out of 02 minor children are accompanied her in jail. Further, there is no material available against applicant in the case-diary, investigation is still going on and charge-sheet has not been filed. So far as the criminal antecedents of the applicant is concerned, he submits that there are 03 antecedents (Crime No. 31/2021, Crime No. 12/2023 and Crime No. 65/2023 P.S. Tumgaon, District – Mahasamund), against the applicant in which, only 01 case is pending consideration. Offence is triable by Judicial Magistrate First Class, trial is likely to take sometime. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the investigation is going on and charge-sheet has not been filed and therefore, there are ample chances of collecting evidence against the present applicant. He submits that as per FIR, prima facie the offence under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956 and under Section 351 (2) of the Bharatiya Nyaya Sanhita, 2023 is made out. However, she submits that there specific allegations against the applicant of commission of offence i.e. outraging the modesty of the applicant, therefore, the applicant may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, applicant is a lady and her 02 children are accompanied along with her in jail 3 and further the fact that investigation is going on, charge-sheet has not been filed, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Mamta Dhidhi, involved in Crime No. 186/2025 registered at Police Station – Tumgaon, District – Mahasamund (C.G.), for the offence punishable under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956 and under Section 351 (2) of the Bharatiya 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 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 them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the 4 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 SHUBHAM DEY Digitally signed by SHUBHAM DEY