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2026 DAILYLAW 27751 (CHH)

NISHA MANIKPURI v. STATE OF CHHATTISGARH

MCRC/6463/2026 · 2026-07-19

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Judgment text

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1 CGHC010265142026 2026:CGHC:30657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6463 of 2026 Nisha Manikpuri D/o Uttamdas Manikpuri, Aged About 27 Years, Resident of Vijay Nagar, Police Station Mohan Nagar, Durg, District Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Smritinagar, Chowki Supela Bhiali, District Durg, Chhattisgarh ... Non-applicant For Applicant : Mr. Purnendra Khichariya, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 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. 1123/2025 registered at Police Station – Smritinagar, Chowki – Supela Bhilai, District – Durg (C.G.), for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. 2. As per the prosecution story, in brief, the complainant, Karan Sharma, lodged a written complaint at Police Chowki Smriti Nagar, Police Station ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.21 15:22:23 +0530 2 Supela, District Durg, Chhattisgarh, stating that he was working as a teacher at Trade with Aveth, Smriti Nagar. He was informed by one of his friends that a company namely Nisha Business Consultancy and Unique Investment Solution, operating from Surya Mall, Bhilai, was offering a return of 20% per month on investments made in the share market. Being influenced by the promise of such high returns, the complainant invested a total sum of Rs. 23,30,000/- between 27.09.2024 and 08.02.2025. Thereafter, he came to know that the said company had absconded and shut down its office, thereby causing financial loss to him and allegedly cheating the investors. As per the FIR, the total amount alleged to have been cheated is Rs. 66,47,000/-. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He also submits that the other co-accused persons, namely, Dolly Namdev and Dhatri Kosare, have already been granted regular bail by this Court vide order dated 02.07.2026 in MCRC No. 2994 of 2026 and MCRC No. 5118 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that identically situated co-accused persons have already been granted regular bail by this Court. 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 and the fact that the other co-accused persons, namely, Dolly Namdev and Dhatri Kosare, have already been granted regular bail by this Court vide 3 order dated 02.07.2026 in MCRC No. 2994 of 2026 and MCRC No. 5118 of 2026, also considering the fact that the charge-sheet has already been filed before the competent Court and that the applicant has been in jail since 20.09.2025, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Bail of the Applicant – Nisha Manikpuri, involved in Crime No. 1123/2025 registered at Police Station – Smritinagar, Chowki – Supela Bhilai, District – Durg (C.G.), for the offence punishable under Sections 318(4), 338, 336(2), 340(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005, 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 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, 4 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