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2026 DAILYLAW 12760 (CHH)

JAMUNA CHAUHAN v. STATE OF CHHATTISGARH

MCRC/1356/2026 · 2026-02-05

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Judgment text

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1 2026:CGHC:6764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1356 of 2026 Jamuna Chauhan W/o Suresh Singh Chauhan Aged About 34 Years R/o Village Paunsara, P.S. Koni District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Gandhinagar, District Sarguja Chhattisgarh ... Non-applicant For Applicant : Mr. T.K. Jha, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.02.2026 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. 232/2019 registered at Police Station – Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Sections 420 and 34 of the Indian Penal Code and Section 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, and Section 10 of the Chattisgarh Protection of Depositors Interest Act. 2. The earlier bail application of the applicant, being MCRC No. 4850 of 2025, was dismissed vide order dated 24.07.2025 on the ground that she ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.07 12:08:08 +0530 2 had been absconding for the last six years. 3. As per the prosecution case, the complainant, Shiyaram Ekka, lodged a report at Police Station Gandhinagar on 15.10.2019, alleging that during the year 2014–15, the applicant, along with other co-accused persons, was associated with “Shubh Sai Dikon Indian Limited Company” operating at Ambikapur. It is alleged that the applicant and the co- accused induced various individuals, including the complainant, to deposit money with the said company on the false promise of doubling their investment. The complainant claims to have deposited a sum of Rs. 13,000/- and was further persuaded to act as an agent to bring in more investors under similar assurances. However, no returns were provided, and the company subsequently shut down its ofÏce and absconded. Based on the said allegations, an FIR was registered under the relevant provisions of law, including Section 420 of the Indian Penal Code. 4. Learned counsel for the applicant submits that this is the second bail application filed on her behalf, as the first bail application was rejected by this Court vide order dated 24.07.2025 in MCRC No. 4850 of 2025. He submits that the applicant has been arrayed as an accused solely on the basis of the memorandum statement of the co-accused. The co-accused, namely Dhirendra Kumar Dewangan in MCRC No. 4115/2021, Pushpendra Dewangan and Smt. Seema Dewangan in MCRC No. 5838/2021, and Omprakash Dheevar, have been granted bail by this Court. He also submits that the complainant and other prosecution witnesses have not supported the prosecution case and have turned hostile. He submits that the present applicant has no criminal antecedents and she is in jail since 03.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 3 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, as the present applicant being a lady has no criminal antecedents, further, the charge- sheet has been submitted before the competent Court in the present case and she is in jail since 03.06.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let the second bail application of the applicant, Jamuna Chauhan, involved in Crime No. 232/2019 registered at Police Station – Gandhinagar, District – Sarguja (C.G.), for the offence punishable under Sections 420 and 34 of the Indian Penal Code and Section 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, and Section 10 of the Chattisgarh Protection of Depositors Interest Act, be released on bail on her furnishing a personal bond with two heavy sureties in the like amount 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10.OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek