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Chattisgarh High Court
Khushboo @ Rakhi Dhruw vs State Of Chhattisgarh on 10 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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.
VAIBHAV
SINGH 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.
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
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
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
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
