1 2025:CGHC:12672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 366 of 2025 Smt. Sunita Agarwal Aged- 56 Years, W/o Late Shri Arun Agarwal, Director- M/s Sunshine Caterers Private Limited, R/o Bunglow No. 1, Basant Vihar, Dr. C G Road, Chembur East, Mumbai (Maharashtra) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. - Rajnandgaon Kotwali, Distt.- Rajnandgaon (C.G.) ... Respondent For Applicant : Shri Jaydeep Singh Yadav, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/03/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.19 11:22:25 +0530 2 been filed by the applicant, who is apprehending her arrest in connection with Crime No.375/2024 registered at Police Station Rajnandgaon Kotwali, Distt.- Rajnandgaon (C.G.) for the offence punishable under Section 420 of IPC. 2. Case of the prosecution, in brief, is that the complainant namely Vikas Bohra, aged- 40 years lodged an FIR against the present applicant in P.S.- Rajnandgaon Kotwali on 23/06/2024 alleging that, M/s Sunshine Caterers Pvt. Ltd, Mumbai is a company, operational in Mumbai and one Arun Agarwal and the present applicant Smt. Sunita Agarwal were the joint directors of the said company. In the year 2013, the director of the said company had taken a financial help from the complainant for an amount of Rs. 1 crore with the assurance of providing 3 lakhs monthly income from the profit of heir business. Upon the said assurance, the complainant then from his State Bank of India account, Main Branch, Rajnandgaon granted a total of Rs. 1 crore to the company's account of the applicant and her husband but no profit or income were returned to the complainant and upon demanding the due amount, the then director Arun Agarwal used to make false promises of paying soon. The complainant further alleged that, during the Covid-19 epidemic, the company's director Arun Agarwal died leaving the present applicant as the only director of the said company and upon demanding the said money from her, she then entered into an agreement on an stamp paper with the complainant in Rajnandgaon with the promise of returning 3 5,00,000/- (Five lakh rupees) in 20 installments and thereby provided 20 post-dated cheques to the complainant but upon presenting the said cheques to his bank, few cheques were dishonored for the reason of "insufficiency of funds" and few due to "account closed" and the last cheque was dishonored on 16/03/2023. The complainant then lodged an FIR against the present applicant under the offence of section 420 of IPC in PS Rajnandgaon Kotwali on 23/06/2024. 3. Learned counsel for the applicant would submit that there was an agreement executed between the complainant and the late husband of the applicant and as per the agreement amount could not be returned to the complainant by the husband of the applicant and applicant’s husband has died and the applicant has been arrayed as an accused in the present case by the complainant with an oblique motive. Hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation and gravity of offence, applicant is a lady and 4 considering the civil dispute between the parties, this Court find it appropriate 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 - Smt. Sunita Agarwal, 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) 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 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 their 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) She shall not involve herself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri