1 CGHC010213762026 2026:CGHC:31266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5526 of 2026 Anila Aishwarya Minj D/o Elif Minj Aged About 27 Years Occu- Staff Nurse Government Servant R/o Village Jamdhodhi, P. S. And Tehsil Sitapur District Surguja Chhattisgarh. Presently R/o Health And Wellness Centre Primary Health Centre, Bafouli, Block Ambikapur District Surguja Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P. S. Baotuli District Surguja Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Nishi Kant Sinha, Advocate For Non-applicant/State : Ms. Anusha Naik, 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. 45/2026 registered at Police Station Batouli, District Surguja (C.G.) for the offences punishable under Sections 119(1), 308(2), 333, 61(2), 111(2)(b) and 3(5) of BNS. 2. As per the prosecution case, the complainant, who has been practicing Ayurvedic treatment for the last about 20 years, lodged KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 an FIR with the intent that it is alleged that on 20.04.2026 at about 11:00 A.M., five unknown persons wearing black coats came to his house, represented themselves to be government officers and demanded to see his licence/certificate for Ayurvedic practice. On the complainant expressing his inability to produce the same, the said persons allegedly threatened him with legal consequences and dishonestly obtained an amount of ₹50,000/-. During investigation, the present applicant came to be implicated along with the other co- accused persons and was arrested. After completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has been arraigned mainly on the basis of the memorandum statements of the co-accused persons and no incriminating article or part of the alleged amount has been recovered from her possession. He further submits that the applicant is a Staff Nurse serving in the Government service and merely accompanied the other co-accused persons but did not participate in the alleged commission of the offence. It is further submitted that the applicant is a lady and therefore, her case stands on a different footing from that of the other co-accused persons, whose bail applications have not yet been considered by this Court. Learned counsel further submits that the applicant has four criminal antecedents of similar nature, out of which she has already been enlarged on bail in two cases, whereas the remaining two cases are 3 still pending and all such antecedents have been duly explained in Part-D (Criminal Antecedents) of the present bail application. It is also submitted that the investigation is complete, charge-sheet has already been filed and, therefore, no further custodial interrogation of the applicant is required. Hence, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicant was an active participant in the commission of the alleged offence along with the other co-accused persons and the allegations against her are serious in nature. She further submits that though no recovery has been effected from the applicant, her involvement has surfaced during the course of investigation. Learned State counsel also submits that the applicant has four previous criminal antecedents of similar nature, out of which two cases are still pending and two cases are pending after grant of bail, which reflects her involvement in similar offences. However, she fairly submits that the applicant is a lady, charge-sheet has already been filed and the remaining co- accused persons have not yet approached this Court for grant of bail. Therefore, she prays for rejection of the bail application. 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, the fact that the applicant is a lady and no recovery has been made from her possession and her implication is stated to be based principally on the memorandum statements of 4 the co-accused persons, the investigation has been completed and charge-sheet has already been filed and the applicant has four criminal antecedents of similar nature which have been duly explained in Part-D of the bail application and in two of those cases she has already been enlarged on bail, coupled with the fact that no further custodial interrogation of the applicant appears to be necessary and the trial is likely to take considerable time for its conclusion, this Court is inclined to extend the benefit of regular bail to the applicant without expressing any opinion on the merits of the case. 7. Accordingly, the bail application is allowed. 8. Let applicant, Anila Aishwarya Minj, involved in Crime No. 45/2026 registered at Police Station Batouli, District Surguja (C.G.) for the offences punishable under Sections 119(1), 308(2), 333, 61(2), 111(2)(b) and 3(5) of 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 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 5 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. 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