Smt. Monika Soni v. State of Chhattisgarh

: Mr. Anmol Sharma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS 17:36:05 +0530

19.02.2026 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board

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. 76/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.), for the offence punishable under Sections 409 of the Indian Penal Code and Section 238 of the Bhartiya Nyaya Sanhita, 2023.

2. As per the prosecution case, one Sonali Dwivedi, a resident of Mohan Nagar, Durg, lodged a report stating that on the night of 04.07.2022, an unknown thief entered her house and committed theft of one gold mangalsutra, one pair of gold bracelets, six gold rings, one nose ring, 2 three pairs of gold tops, one gold coin weighing 5 grams, and cash amounting to Rs. 32,000/-, which were kept in a cupboard. The said incident was reported by her husband, Vivek Kumar Dwivedi, at Mohan Nagar Police Station. On the basis of the report, Crime No. 226/2022 was registered under Sections 457 and 380 of the Indian Penal Code, and investigation was commenced. During the course of investigation, on

30.06.2023, the stolen gold jewellery was allegedly seized from the accused persons and was handed over to the present applicant through the Crime Branch for the purpose of seizure and necessary entry in the records. Thereafter, an application was filed before the Court for release of the seized property on supurdnama, upon which the learned Court, by order dated 07.09.2023, directed that the seized articles be handed over to Vivek Kumar Dwivedi. It is alleged that when a copy of the said order was shown to the present applicant, she avoided compliance on the pretext that certain formalities were pending and requested him to return after two to three days. It is further alleged that she did not hand over the seized articles to Vivek Kumar Dwivedi and unnecessarily made him run from pillar to post, thereby harassing him without any justification.

3. On the basis of the complaint, a case under Section 409 of the Indian Penal Code was registered against the present applicant at Mohan Nagar Police Station, bearing Crime No. 76/2025, and investigation was initiated. The present applicant was arrested on 02.02.2026.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the complainant is attempting to tarnish the image of the applicant and has, therefore, lodged a false complaint against her. It is further submitted that the applicant had duly taken steps by lodging a written complaint and 3 informing senior police ofÏcials regarding the missing gold from the Police Station. It is also submitted that she has since returned the said gold to Vivek Kumar Dwivedi, who has filed an application stating that he does not wish to take any action against the applicant. Counsel further submits that the applicant has aslready been terminated from the Police Department. It is also submitted that she was pregnant and gave birth to a child in jail on 11.02.2026. The applicant has been in custody since

02.02.2026, and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant.

5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has not submitted before the competent Court in the present case.

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

7. Considering the facts and circumstances of the case, and further that in the present case the charge sheet has not yet been filed before the competent Court, the applicant has already been terminated from the Police Department. She was pregnant and gave birth to a child in jail on

11.02.2026. The applicant has been in custody since 02.02.2026, and the trial is likely to take some time to conclude. Therefore, I am of the opinion that the applicant is entitled to be released on bail in this case.

8. Let the bail application of the applicant, Smt. Monika Soni, involved in Crime No. 76/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.), for the offence punishable under Sections 409 of the Indian Penal Code and Section 238 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:- 4 (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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek