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2026 DAILYLAW 24029 (CHH)

NEHA PATHAK v. STATE OF CHHATTISGARH

MCRC/3618/2026 · 2026-06-29

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:26675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3618 of 2026 Neha Pathak D/o - Shri Shankarnath Pathak Aged About 22 Years R/o House No. 330, Ward No. 17 Tulsipur Labour Colony, Rajnandgaon, District Rajnandgaon, ( C.G.) ... Applicant versus State of Chhattisgarh Station House Officer, P.S. Basantpur, Rajnandgaon, District Rajnandgaon, (C.G.) ... Non-applicant For Applicant : Mr. Pranav Tiwari, Advocate. For Non-applicant/State. : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. This is the first 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. 135/2026 registered at Police Station Basantpur, District – Rajnandgaon (C.G.), for the offences punishable under Sections 318(4), 61(2), 112(2), 319, 336(2), 340(2) and 3(5) of the Bhartiya Nyay Sanhita (BNS). 2. The prosecution story, in brief, is that “Love Life Rishte Marriage Bureau” is situated in Shrishti Colony, Rajnandgaon. It is alleged that the accused persons, by employing innocent girls in a call centre, lured them with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.01 11:24:12 +0530 2 promises of commission and, through telecalling, defrauded members of the public online. A woman, apprehending danger to her safety, lodged a complaint before the Superintendent of Police, Rajnandgaon, narrating the entire incident. She alleged that the organization used fake profiles of women to contact prospective clients through WhatsApp, lure them, and collect registration fees ranging from Rs. 3,000/- to Rs. 15,000/-. Thereafter, by creating false prospects of marriage and preparing fabricated biodata, the accused persons allegedly emotionally blackmailed the clients and induced them to part with money. Upon receipt of the complaint, the Superintendent of Police, Rajnandgaon, directed the Inspector of Police Station Basantpur to inquire into the matter, pursuant to which Crime No. 135/2026 was registered. During the course of the investigation, it was revealed that the accused persons had used fake names and addresses of women. It further surfaced that the financial transactions relating to the said marriage bureau were conducted through an account maintained with IDFC Bank. Upon obtaining the bank statement, it was found that an amount exceeding Rs. 34,00,000/- (Rupees Thirty-Four Lakhs) had been credited to the said account. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is no direct evidence connecting the applicant with the alleged offence. The entire prosecution case is based on suspicion and conjecture. He also submits that the applicant is a young woman aged about 22 years and has no criminal antecedents. He further submits that the accused company, namely “Love Life Rishtey Marriage Bureau,” is a duly registered Micro Enterprise with the Government of Chhattisgarh, which reflects the bona fide nature of its establishment and operations. He submits that the 3 present applicant has no record and she is in jail since 01.04.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. 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 and also endorse the submission made by learned counsel for the applicant that she has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no previous criminal antecedents, and also considering that the present applicant has been in jail since 01.04.2026, and that the charge-sheet has been filed and the conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let the Applicant – Neha Pathak, involved in Crime No. 135/2026 registered at Police Station Basantpur, District – Rajnandgaon (C.G.), for the offences punishable under Sections 318(4), 61(2), 112(2), 319, 336(2), 340(2) and 3(5) of the Bhartiya Nyay Sanhita (BNS), 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek