Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26901
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5794 of 2026 Manju Rathore W/o Late Uttam Rathore Aged About 45 Years R/o Mo. Company Market (School Road) Ambikapur P.S. and Tehsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh
... Applicant versus State of Chhattisgarh Through District Magistrate Ambikapur, District : Surguja (Ambikapur), Chhattisgarh
... Non-Applicant For Applicant : Mr. Bhupendra Singh, Advocate. For Non-Applicant/State : Mr. S. S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 01.07.2026
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. 151/2026 registered at Police Station – Ambikapur, District : Surguja (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’).
2. The brief facts of the prosecution case are that, the applicant, a long-term resident of Ambikapur and a vendor of ghee and dry fruits, was allegedly deceived into complicity by an acquaintance, namely, Sunita Gujarati. Thereafter, the Police of Police Station Kotwali, Ambikapur, registered the offence as Crime No. 151/2026 and arrested the applicant on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.02 12:24:26 +0530
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08.03.2026. The investigation has since been completed, the charge-sheet has been filed, and the matter is presently pending trial before the competent Court.
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Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence in question. He further submits that two other co-accused persons have already been granted bail by the Trial Court. He also submits that the applicant has no previous criminal antecedents. It is also submitted that the charge-sheet has already been filed, the applicant is in custody since 08.03.2026, and the trial is likely to take some time for its conclusion. Therefore, learned counsel prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. Further, the applicant has one previous criminal antecedent. Hence, the applicant is not entitled for grant of bail. 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, the nature and gravity of the offence, and the fact that the charge-sheet has already been filed, further the applicant has one previous criminal antecedent, and he is in jail since 08.03.2026, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the Applicant- Manju Rathore, involved in Crime No. 151/2026 registered at Police Station – Ambikapur, District : Surguja (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’), be released on bail on her furnishing a personal bond with two
3 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 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 Preeti