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2025 DAILYLAW 10847 (CHH)

GAYATRI CHAUHAN v. STATE OF CHHATTISGARH

MCRCA/326/2025 · 2025-03-06

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1 / 3 2025:CGHC:11198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 326 of 202 5 • Gayatri Chauhan W/o Ruben Jacob Messy Aged About 30 Years R/o Village- H.I.G. 1/620 Sector-29, Naya Raipur, Rakhi P.S.- Raipur Tehsil and District- Raipur (C.G.) ... Applicant versus • State of Chhattisgarh through Station House Officer Police Station Sakti Dis- trict- Sakti (C.G.) ... Respondent For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent-State For Objector : : Ms. Supriya Upasana, Panel Lawyer Mr. Aditya Khare, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 06/03/2025 1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as she apprehends her arrest in connection with Crime No. 417/2024 registered at Police Station –Sakti, District Sakti (C.G.) for offence punishable under Section 420 of IPC. 2. Case of prosecution in brief is that on 17.11.2024 complainant Kishan Sharma lodged a written report in the police station Sakti alleging that husband of applicant took sum of Rs. 15,00,000/- through cash and online payments on different occasion on the pretext of providing job to her daughter Neha Sharma by direct recruitment in Bhilai Steel Plant on the post of Assistant HR without issuance of any advertisement, however, even after lapsing one year, PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 the appointment letter was given regarding her daughter’s job. Upon asking continuously and pressurising the husband of applicant, a message was sent through the mobile of applicant to the mobile phone of complainant, but even after 2 months when his daughter did not get a job, he again continuously asked the husband of applicant through applicant, he gave a fake appointment letter for the post of Attendant (Trainee). When he went to Bhilai Steel Plant to verify the said appointment letter, it was found to be a fake and false. Thereafter aforementioned crime was registered against applicant. 3. Learned counsel for applicant submits that applicant is innocent, she has not committed any such offence as alleged, she has nothing to do with the present case. Applicant being wife of accused has been arrayed as an accused and her phone number was used while forwarding/ sending message to complainant. The main allegation is against husband of applicant namely Ruben Jacob Masih @ Bonny who is absconding. Applicant being a lady and is a permanent resident of Raipur, there is no chance of her absconding, hence, applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that allegations of cheating has been levelled against applicant and her husband who is main accused and looking to the gravity of offence and huge amount of sum fraudulently taken by them, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for petitioner, and also that applicant being a lady is wife of co-accused and only allegation against her is that a message was sent from her mobile on the mobile phone of complainant, the main allegation is against co-accused husband of applicant, who is stated to be absconding, at this stage without 3 / 3 expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant –Gayatri Chauhan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial (d) The Applicant along with the surety shall submit a copy of her adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The Applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn Chief Justice