1 2025:CGHC:59789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9579 of 2025 Shweta Avsariya W/o Diwakar Avsariya Aged About 39 Years R/o Mahadev Nagar, Near Ashadeep College, Naya Changora Bhatha Raipur, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Officer-In Charge Police Station- Kasdol, Distt. Balodabazar-Bhatapara C.G. ... Respondent For Applicant : Shri Ashutosh Mishra, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/12/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.430/2025 registered at Police Station Kasdol, District Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(5), 318(3), 3(5), 111 BNS, 2023. 2. Case of the prosecution, in brief, is that complainant Rajkumar Yadu made a complaint alleging that he along with two other had given GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.10 11:54:13 +0530 2 81,00,000/-( Rupees Eighty One Lakhs) to Ramnarayan Sahu, Gulshan Sahu, Kusumrani Sahu, Rupesh Kumar Sahu, Gopal Prasad Sahu and Tuleshwar Sahu for investment in share trading. It has been further alleged that the said amount was taken by the abovementioned person on pretext of returning the said amount with 8% interest in 20 months. It has also been alleged that the said amount was deposited in the account of Janki Devi from his wife's account on different occasions through and cash was also given to accused persons. Thereafter First Information Report was lodged. Subsequently investigation was initiated and the present applicant was arrested and charge-sheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has never committed any alleged offence whatsoever. He would submit that there is long delayed FIR which goes to show that it is completely afterthought and moreover the name of the present applicant does not reflect in the FIR, there is no allegation of any participation of the applicant in the present case. He would submit that the name of the applicant's husband has been mentioned in the memorandum statement of the co-accused and only on the basis of suspicion the present applicant has been implicated. He would further submit that the co-accused namely Anita Devi Sahu, Kumari Kusum Rani Sahu and Janki Sahu have been granted bail by this Court vide its order dated 09.10.2025 in MCRC No.7004/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 14/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that there are three criminal antecedents of the applicant which has been explained in para 4a of the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that co-accused namely Anita Devi Sahu, Kumari Kusum Rani Sahu and Janki Sahu have been granted bail by this Court vide its order dated 09.10.2025 in MCRC No.7004/2025, period of detention of the applicant since 14/07/2025, charge sheet has been filed, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shweta Avsariya, involved in Crime No.430/2025 registered at Police Station Kasdol, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 318(4), 316(5), 318(3), 3(5), 111 BNS, 2023, be released on bail on her 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 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 4 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 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri