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2026 DAILYLAW 33173 (CHH)

LATA DHIWAR v. STATE OF CHHATTISGARH

MCRC/7760/2026 · 2026-08-19

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Judgment text

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1 CGHC010313872026 2026:CGHC:37412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7760 of 2026 Lata Dhiwar W/o Shri Aakash Dhiwar, Aged About 34 Years R/o Ward No. 5, Pandepara, Balod, District - Balod, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Balod, District- Balod, Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the First bail application 6led 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. 310/2026 registered at Police Station : Balod, District – Balod (C.G.) for the o:ence punishable under Section 381(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, that the three complainants visited the house of the applicant, where the applicant, claiming to be associated with the Chief Secretary, Government of Chhattisgarh, promised them jobs in the Agriculture Department and a hospital. In pursuance thereof, the applicant allegedly received an amount of Rs. 5,50,000/- from the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.21 11:13:54 +0530 2 complainants. However, till June 2026, no job was provided to them. Therefore, the complainants lodged the instant F.I.R. bearing No. 310/2026 at Police Station Balod, District Balod, for the o:ence punishable under Section 318(4) of the B.N.S. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the applicant, along with one Yogesh Kumar Sahu, received the said amount due to her 6nancial needs and executed an agreement dated 23.03.2026, whereby she undertook to return the said amount on or before 23.04.2026. However, since the amount was not returned, the complainants have subsequently given an entirely di:erent colour to the matter by alleging that the amount was paid as consideration for securing a job, which is apparently false and baseless. He also submits that the applicant has no criminal antecedents and she is in jail since 28.06.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has not yet been 6led before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, though the charge- sheet has not yet been 6led before the competent Court, having regard to the fact that the present applicant is a lady, has no criminal antecedents, has been in custody since 28.06.2026, and the trial is likely to take some time for its conclusion, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 3 7. Let applicant, Lata Dhiwar, involved in Crime No. 310/2026 registered at Police Station : Balod, District – Balod (C.G.) for the o:ence punishable under Section 381(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall 6le an undertaking to the e:ect that she shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through her counsel. In case of her absence, without suBcient 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 6xed 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 6xed for (i) opening of the 4 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 suBcient 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. OBce is directed to send a certi6ed copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek