1 2026:CGHC:16632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3250 of 2026 Khushboo @ Rakhi Dhruw D/o Gendram Dhruw Aged About 46 Years R/o Ajeet Tower, Near Sindhi School, Ramsagar Para, Mahasamund, Tehsil- Mahasamund Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali Mahasamund, District- Mahasamund Chhattisgarh ... Respondent For Applicant : Mr. Ram Vifal Ram Rajwade, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.04.2026 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.146/2025 registered at Police Station – City Kotwali Mahasamund, District- Mahasamund(C.G.) for the offences punishable under Sections 318(4), 61(2), 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.10 16:06:45 +0530 2 2. The case of the prosecution, in brief, is that the present applicant along with other co-accused persons allegedly committed fraud by running a so-called small-scale industry and luring women with the promise of employment for four hours a day with a salary of Rs. 200/- per day. It is alleged that the applicant and co-accused persons induced the women to obtain loans of Rs. 40,000/- each in the name of investment in the said industry and thereafter took the loan amount themselves, initially paid a few installments and salary for some time, but subsequently stopped both the salary and repayment of the loan installments. It is further alleged that by adopting such modus operandi, the applicant and co-accused persons cheated about 55 women of Mahasamund, 22 women of Mudiyadih Khallari and about 79 women from the Mahasamund area, thereby collecting Rs. 40,000/- from each woman through bank accounts and cash, amounting to a total of approximately Rs. 53,60,000/-. On the basis of a written complaint, Police Station City Kotwali Mahasamund registered Crime No. 146/2025 under Sections 318(4), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the present applicant and other co-accused persons, and after completion of the investigation, the charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is a woman and has remained in judicial custody since 11.04.2025, i.e., for more than 11 months. The alleged offences are neither punishable with death nor with imprisonment for life and are triable by the learned Judicial Magistrate First Class. The co-accused namely Poonam Nayak has already been granted bail by this Hon’ble Court in MCRC No. 7549/2025 vide order dated 30.10.2025 and, therefore, the applicant is 3 also entitled to bail on the ground of parity. It is further submitted that in similar cases registered at Police Station Utai and Police Station Arang, the applicant and co-accused persons have already been granted bail. There are 46 prosecution witnesses in the present case, out of which only 10 have been examined and 36 witnesses are yet to be examined; therefore, the trial is likely to take a long time. The statements of the complainant namely Tripti Dubey and other victims recorded under Section 180 of BNSS mainly attribute the allegations against the principal accused, namely Poonam Nayak, and there is no documentary evidence against the present applicant to show that she defrauded the complainants. The applicant neither made any assurance or agreement with the complainants nor received any amount from them. Since the entire case is based on documentary evidence, which has already been seized and forms part of the charge- sheet, there is no possibility of tampering with the evidence. The charge-sheet has already been filed, therefore, it is most humbly prayed that the applicant may kindly be released on bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Poonam Nayak, has already been granted bail vide order dated 30.10.2025 passed in MCRC No. 7549 of 2025, and further considering that the charge-sheet 4 has already been filed before the competent Court, that the applicant has been in judicial custody since 11.04.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case, as the case of the applicant is distinguishable from that of the co- accused Tarun Shrivas. 7. Let applicant, Khushboo @ Rakhi Dhruw, involved in Crime No.146/2025 registered at Police Station – City Kotwali Mahasamund, District- Mahasamund(C.G.) for the offences punishable under Sections 318(4), 61(2), 3(5) of the BNS 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 he 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 his counsel. In case of his 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 his 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav