1 2026:CGHC:127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9332 of 2025 Khushbu Soni W/o Manoj Soni Aged About 36 Years R/o - Rawatpura Colony Phase - 1, Ravanbhata, Tahsil And District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Tikrapara, District - Raipur (C.G.) ... Respondent For Applicant : Shri K.K. Pandey, Advocate. For Respondent/State : Shri Priyank Rathi, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 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.772 [But 553 is wrongly mentioned in lower court order]/2025 registered at Police Station Tikrapara, District - Raipur (C.G.) for the offence punishable under Sections 318[4], 316[2], 3[5] of BNS. 2. Case of the prosecution, in brief, is that complainant, Kiran Jaiswar, filed a written complaint at Tikrapara Police Station, Raipur, stating that GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.03 14:36:48 +0530 2 she told Khushboo Soni that she wanted to open a large shop and needed a loan for it. Khushboo Soni then said that she had contacts in several banks and would arrange a loan of Rs.30,00,000/- for her. She took the complainant to the HDFC Bank located at Pujari Park and got an account opened for her, saying that the money would be deposited in that account. A cheque book with 10 cheque arrived at her house through an online application. Khushboo Soni then got the complainant to sign all the cheques and kept them with her, saying that they were required for the Mudra the loan application. The complainant gave applicant/accused Rs.10,000/- in cash in November 2023 to facilitate the loan and shop. After that, the complainant has already given the applicant/accused Rs.6,00,000/- from her husband Santosh's account in the name of getting the loan and shop. The complainant has not yet received the loan or the shop, and when she asks the applicant/accused about it, she keeps making excuses, saying it will happen soon. In March 2024, Khushboo Soni, along with Lalit Sahu, showed the complainant and her husband shop number 17 at Bhathagaon Bus Stand and called them to the court in the name of getting it registered. They also got an affidavit prepared for the Mudra loan and made the complainant and her husband sign several documents. Khushboo Soni kept the affidavit with her. Based on the complainant's written report, Crime No. 772/2025 has been registered at Tikrapara Police Station, Raipur, and an investigation is underway. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case and the applicant is a woman and she helped the complainant obtain a loan to open a shop. He would submit that the applicant has two criminal antecedents. He 3 would submit that the applicant's child is 2 years 5 months old. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 01/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 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 and the applicant has two criminal antecedents. 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, period of detention of the applicant since 01/10/2025, 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Khushbu Soni, involved in Crime No.772/2025 registered at Police Station Tikrapara, District - Raipur (C.G.) for the offence punishable under Sections 318[4], 316[2], 3[5] of BNS , 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