1 2026:CGHC:20685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4105 of 2026 Sarita Kariyam W/o Chandrahass Kariyam Aged About 42 Years R/o- Village - Naragon, P.S. Gurur District Balod C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Rudri, Dhamtari, District – Dhamtari, C.G. ---- Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 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. 77/2024, registered at Police Station – Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the BNS. 2. The case of the prosecution, is that the accused persons, namely Kholbahra Nishad, Sarita Kariyam, Chandrahans Kariyam, and their associates, in furtherance of a criminal conspiracy, dishonestly induced rural women of Districts Dhamtari and Balod to form self-help groups and avail loans from multiple banks and microfinance institutions on the false promise of earning 10% commission and assured repayment of loan installments. After facilitating loans amounting to over Rs 26,59,000/- in the names of these women, the accused misappropriated the entire loan amounts for personal use, investments, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and speculative trading, and failed to repay the installments, thereby causing wrongful loss of the victims. Investigation has revealed a well- organized racket involving multiple accused, some of whom are still absconding, and recovery of incriminating materials and partial cash has been effected, establishing prima facie commission of serious offences of cheating and criminal conspiracy. 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 and there are three criminal antecedents of the applicant in which he is on bail. It is further submitted that the charge-sheet has been filed in this case, and so far as the trial is concerned, out of 113 witnesses only one witness has been examined before the trial Court. The applicant is in jail since 06.02.2025 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 there are three criminal antecedents of the applicant, the charge-sheet has been filed in this case, an the applicant 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are three criminal antecedents of the applicant in which he is on bail, the charge-sheet has been filed in this case, and so far as the trial is concerned, out of 113 witnesses only one witness has been 3 examined before the trial Court, the applicant is in jail since 06.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sarita Kariyam, involved in Crime No. 77/2024, registered at Police Station – Rudri, District – Dhamtari (C.G.) for the offence punishable under Sections 318(4) and 3(5) of the BNS, 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 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. 4 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