1 CGHC010237442026 2026:CGHC:31265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5532 of 2026 Divya Sharma D/o Late Shri Janaklal Sharma Aged About 28 Years R/o Boriakala Raipur P/ S Mujgahan District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P/ S Mujgahan District Raipur C.G. ... Non-applicant(s) For Applicant : Mr. Ajay Kumar Mishra, Advocate For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 99/2026 registered at Police Station Mujgahan, District Raipur (C.G.) for the offences punishable under Sections 318(4), 316 and 351 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, namely, Parth Mandal, filed a complaint before the learned Judicial Magistrate First Class, Raipur seeking a direction for registration of an FIR KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 against the present applicant alleging commission of the aforesaid offences. Pursuant to the order passed by the learned JMFC, the police registered the present FIR and took up the investigation. It is alleged that the applicant induced the complainant to purchase a house in the Housing Board Colony, Boriyakala, by assuring that she would arrange the same and on such assurance, received an amount of Rs.1,00,000/- from the complainant in her bank account. It is further alleged that despite receiving the said amount, the applicant neither provided the promised house nor refunded the amount received from the complainant. After completion of investigation, the police arrested the applicant and filed the charge- sheet before the competent Court. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the dispute between the parties is purely civil in nature arising out of a proposed transaction relating to purchase of a house and has unnecessarily been given a criminal colour. It is further submitted that there was never any dishonest intention on the part of the applicant from the inception of the transaction and the amount received from the complainant was in connection with the proposed purchase of the house. He further submits that it is not the case of the prosecution that the applicant has refused to return the amount, rather she only sought some time to repay the same. It is also submitted that the investigation has been completed, charge-sheet has already been filed, the applicant is a 28-year-old lady, has no criminal antecedents and is in judicial custody since 3 12.05.2026. It is further submitted that the trial is likely to take considerable time for its conclusion therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes the prayer for grant of bail and submits that the applicant, by making a false promise of providing a house to the complainant, dishonestly induced him to part with an amount of Rs.1,00,000/-, which was credited into her bank account and thereafter neither fulfilled her promise nor returned the amount. He submits that the material collected during the course of investigation prima facie establishes the involvement of the applicant in the commission of the alleged offences. Therefore, considering the nature of the allegations, the applicant does not deserve to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegations levelled against the applicant, the submissions advanced by learned counsel for the parties, the fact that the dispute appears to have arisen out of a monetary transaction relating to the proposed purchase of a house and the investigation has been completed and the charge-sheet has already been filed, the applicant is a lady aged about 28 years, has no criminal antecedents, is in judicial custody since 12.05.2026 and the trial is likely to take considerable time for its conclusion thus, without commenting anything on the merits of the case, this Court is 4 inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. 8. Let applicant, Divya Sharma, involved in Crime No. 99/2026 registered at Police Station Mujgahan, District Raipur (C.G.) for the offences punishable under Sections 318(4), 316 and 351 of the Bharatiya Nyaya Sanhita, 2023, 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, 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 5 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. 9. 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 Kunal