Facts
The applicant, a 39-year-old beautician, was arrested on 29.04.2026 in connection with Crime No. 121/2026.
Source reference: para. 2The prosecution alleges that the main accused, Manish Biswas (Senior Manager HR), embezzled approximately Rs. 3.38 crores from Mowsharya Infrastructure Limited by forging salary records of former employees
Source reference: para. 2Investigation revealed that Rs. 28,90,032/- was routed through the applicant’s bank accounts between 2022 and 2026, which she then transferred back to the main accused while allegedly retaining a commission
Source reference: para. 2/4The applicant contended she was an innocent tool misled by Biswas under the guise of investment activities and data entry work
Source reference: para. 3This is the first bail application because the trial court previously rejected her plea
Source reference: para. 4Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering her role, the duration of her custody, and the principle of parity.
Source reference: para. 1/6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which governs the power of the High Court to grant bail
Source reference: para. 1It considered the principle of parity, noting that similarly situated co-accused persons had been granted relief under MCRCA No. 742 of 2026 and MCRCA No. 745 of 2026
Source reference: para. 3/6the court adhered to the BNS (Bharatiya Nyaya Sanhita) provisions including Sections 316(4) (Criminal breach of trust), 336(3) (Forgery), 338 (Forgery of valuable security), 340(2) (Using forged document), and 61(2) (Criminal conspiracy)
Source reference: para. 1Reasoning
the Court noted the applicant’s defense that she was an old acquaintance of the main accused and was misled into believing the transactions were legitimate investments
Source reference: para. 3/6Crucially, the Court observed that two other co-accused (Ghanshyam Agrawal and Bandana Chaudhari) had already been granted anticipatory bail by the same High Court in May 2026
Source reference: para. 6Highlighting that the applicant is a woman with no criminal antecedents, has been in custody since April 2026, and that the charge-sheet is yet to be filed—implying a lengthy trial—the Court determined that continued incarceration was not warranted
Source reference: para. 6Holding
The Court allowed the application and granted regular bail to the applicant
The holding answers the issue in the affirmative, provided the applicant furnishes a personal bond with two sureties and adheres to strict conditions, including presence at all trial dates and an undertaking not to seek unnecessary adjournments
Source reference: para. 8The trial court was authorized to treat any default or misuse of liberty as a ground for cancellation of bail under the BNSS
Source reference: para. 8(i)-(iv)Original Court PDF
MONIKA SAHUvsSTATE OF CHHATTISGARH
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