1 CGHC010217922026 2026:CGHC:28607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.5115 of 2026 1 - Smt. Kulwantin Bai Dhruv W/o Keshnath Dhruv Aged About 40 Years R/o Paragaon, P.S. Gobra Nawapara, District Gariaband (C.G.) 2 - Smt. Keshri Gond W/o Ganesh Gond Aged About 36 Years R/o Gajmara (Pathartola), P.S. Dongargarh, District Rajnandgaon (C.G.) 3 - Umendra Mandavi S/o Dhiraj Mandavi Aged About 29 Years R/o Lilar, P.S. Arjuni, District Dhamtari (C.G.) --- Applicants versus State Of Chhattisgarh Through Police Station Gariaband, District Gariaband (C.G.) --- Non-applicant _____________________________________________________ For Applicants :Mr. Pragalbha Sharma, Advocate. For Non-applicant/State :Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.10 21:53:51 +0530 2 09.07.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.77/2026 registered at Police Station Gariaband, District Gariaband (C.G.), for the offences under Sections 318(4) and 3(5) of BNS, 2023. 2. Prosecution story, in brief, is that on 01.04.2026, complainant Smt. Parvati Yadav lodged a written report at Police Station Gariaband alleging that the Applicants and co-accused, on the pretext of performing magical rituals/pooja for generating an amount of Rs.3 crore, cheated her and fraudulently obtained Rs.5,50,000/- from her. It is further alleged that the accused persons replaced her bag containing money with another bag containing 50 bundles of blank papers. Based on these allegations, the offences as mentioned above, have been registered against the present Applicants. Hence, this application. 3. Learned Counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present cases. It is further submitted that the complainant had purchased materials and “Madhuras” from the female Applicant and due to a dispute regarding payment 3 of the said amount, the complainant and her husband have falsely implicated the Applicants. He further submits that the alleged offences are triable by the Judicial Magistrate First Class. It is further submitted that the Applicants are poor labourers earning their livelihood through sweeping, swabbing and other manual work, charge-sheet has been filed, they are in judicial custody since 08.04.2026 and the trial is likely to take considerable time for its conclusion, therefore, considering the period of detention, they may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application and submits that Applicant Nos.1 and 2 each have one previous criminal antecedent. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the fact that the dispute appears to have arisen out of a transaction between the parties, the fact that the alleged offences are triable by the Judicial Magistrate First Class, the Applicants No.1 &2 each have only one previous criminal antecedent, charge- sheet has been filed, the fact that the Applicant is in jail since 08.04.2026 and further considering the likelihood of the trial taking considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is 4 of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicants- Smt. Kulwantin Bai Dhruv, Smt. Keshri Gond and Umendra Mandavi involved in Crime No. 77/2026 registered at Police Station Gariaband, District Gariaband (C.G.), for the offences under Sections 318(4) and 3(5) of BNS, 2023 be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in 5 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. 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 Priya