Pinky Sahu vs State Of Chhattisgarh

Ramesh Sinha, CJ

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.55/2025 registered at Police Station Gurur, Balod (C.G.) for the offence punishable under Section 420 R/w 34 of IPC, 1860.

Case of the prosecution, in brief, is that the complainant Bharat Lal Sahu and his wife were cheated by the applicant and other 2 co-accused who took Rs.11,58,000/- by deceiting in the name of performing Pooja rituals and binding. On the basis of written complaint by the complainant regarding the said matter, a case under crime number 55/2025 under section 420 read with section 34 of IPC, was registered by police against the applicant and other accused.

Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case due to a personal and monetary dispute between the complainant and the co-accused. He would submit that the complainant had borrowed Rs.9,80,000/- from the co-accused in 2022 for purchasing a tractor and renovating his house and upon failure to repay the entire amount, and after part repayment through cash and bank transfers, the complainant falsely lodged this case to evade liability. He would submit that the applicant is the sister-in-law of the complainant and she was aware of the financial transaction between the complainant and co-accused and merely advised repayment. Aggrieved by this, the complainant falsely implicated her and there is no monetary transaction of any kind between the applicant and the complainant. He would submit that the FIR was lodged after an unexplained delay of approximately 18 months. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 17/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would further submit that the applicant has no criminal antecedent.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 17/06/2025, charge sheet has been filed, applicant has no criminal antecedents, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the bail application is allowed and it is directed that the Applicant- Pinky Sahu, involved in Crime No.55/2025 registered at Police Station Gurur, Balod (C.G.) for the offence punishable under Section 420 R/w 34 of IPC, 1860, be released on bail on her furnishing a 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 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.

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.