1 2025:CGHC:59480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10057 of 2025 Smt. Sariya Kariyam W/o Chandrahas Kariyam Aged About 42 Years R/o Village- Naragaon, Tahsil- Gurur, District : Balod, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Doundilohara, District : Balod, Chhattisgarh ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-Applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This is the Second 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. 186/2024 registered at Police Station – Doundilohara, District – Balod (C.G.), for the offence punishable under Sections 318(4), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 4779 of 2025 was rejected on merits by this Court vide order dated 23.06.2025. 3. As per the prosecution story, in brief, the allegation is that the present ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:16 +0530 2 applicant, along with other co-accused persons and one Kholbehra Nishad, went to the house of the complainant, Veena Goti, on 17.09.2024 and advised her to form a group of 3 to 4 women. They further informed her that, with the help of Kholbehra Nishad, they would obtain a loan from the bank in the name of the said group. After the loan amount was sanctioned, Kholbehra allegedly invested 90% of the sanctioned amount in a scheme and distributed the remaining 10% among the members of the group. It is alleged that, regarding the aforesaid 90% amount, the instalments were being paid by Kholbehra. According to the investigation, a sum of Rs. 23,95,162/- was received by Kholbehra between 17.09.2024 and 11.12.2024. As per the memorandum of Kholbehra, he invested the said amount in a sister- concern company and in the stock market, which was being run by his friends, namely Rakesh Kumar Jangde and Devanand Sonwani. However, due to financial difÏculties and losses incurred in the said finance scheme, Kholbehra became unable to pay the instalments. Thereafter, based on the report lodged by the complainant, an offence was registered against Kholbehra and others, and the charge-sheet has been filed for the alleged commission of the offence. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by the Court vide order dated 23.06.2025 in M.Cr.C. No. 4779/2025. Therefore, the present second bail application is being filed on the ground that the identically situated co-accused, namely Seema Bai Oti and Nageshwari Mandavi, whose first bail applications were also rejected by this Court, have already been granted second bail by this Court vide orders dated 04.11.2025 and 06.11.2025 in M.Cr.C. No. 8760/2025 and M.Cr.C. No. 8804/2025 respectively. Therefore, the applicant is also entitled to be released on regular bail on the ground of 3 parity. 5. On the other hand learned State counsel opposes the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the other co-accused persons, namely, Seema Bai Oti and Nageshwari Mandav have already been granted regular bail by this Court vide orders dated 04.11.2025 and 06.11.2025 in M.Cr.C. No. 8760/2025 and M.Cr.C. No. 8804/2025 respectively, the applicant has been in jail since 06.03.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Let the Second Bail of the Applicant – Smt. Sariya Kariyam, involved in Crime No. 186/2024 registered at Police Station – Doundilohara, District – Balod (C.G.), for the offence punishable under Sections 318(4), 61(2), 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 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 sufÏcient cause, 4 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, 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 sufÏcient 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. 9. OfÏce 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 Abhishek