Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10854
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 310 of 2025 Piyusha Joshi D/o Mr. Devendra Joshi Aged About 35 Years Resident Of Rajendra Nagar, Dist. Raipur C.G.
... Applicant versus State of Chhattisgarh Through The Police Station Civil Line, District Raipur (C.G.)
... Non-applicant For Applicant : Mr. Raza Ali, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 05.03.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 54/2025 registered at Police Station – Civil Line, District Raipur, (C.G.) for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, 1860.
2. As per the prosecution’s case, in brief is that a complaint was filed by the complainant, alleging that the applicant and his father had informed her that he could secure a government job for her. He then induced her to fill out a form for the post of Food Inspector and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 subsequently demanded an amount of Rs. 25,00,000/-, which the complainant paid in different installments.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no allegation against the applicant in the entire complaint and that he has been falsely implicated. The only claim against the applicant is that, on the direction of the main accused, one installment of Rs.3,10,000/- was deposited into her account. He further submits that the applicant has not been assigned any role in the alleged crime, nor she has made any demand for money. He has been implicated solely because her father is the main accused. Furthermore, the written complaint does not contain any request to register an offence against the applicant. It is also pertinent to mention that the complainant is the niece of the main accused and the cousin sister of the applicant, and also there is no criminal antecedents against the applicant. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the applicant and her father had informed the complainant that they could secure a government job for him. He then induced her to fill out a form for the post of Food Inspector and subsequently demanded an amount of Rs. 25,00,000/-, which the complainant paid in different installments, therefore, the present applicant is not entitled for grant of anticipatory bail. 3
5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that though the allegation is that the applicant and her father had informed the complainant that they could secure a government job for her, then they induced her to fill out a form for the post of Food Inspector and subsequently demanded an amount of Rs.
25,00,000/-, which the complainant paid in different installments, but the applicant is the daughter of the main accused, and the only claim against the applicant is that, on the direction of the main accused, one installment of Rs.3,10,000/- was deposited into her account, and the applicant has not been assigned any role in the alleged crime, nor has she made any demand for money, the said act was attributed to her father, further the case of present applicant is distinguishable from that of the main accused, who committed the said fraud, the applicant is a lady and has no criminal antecedents, therefore, I am inclined to grant anticipatory bail to the applicant,
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Piyusha Joshi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to
4 dissuade her from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She 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 and the surety shall submit a copy of her adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan