Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1270
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 17 of 2025 Sarika Verma D/o Shri Shravan Verma Aged About 25 Years R/o Durga Chowk, Mandir Hasaud, Tahsil And Distt. - Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through- SHO, Police Station - Telibandha, Raipur, District – Raipur (C.G.)
... Non-applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 08.01.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 20/2023 registered at Police Station – Telibandha, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420 and 120-B of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that one Rakesh Sinha has lodged a report alleging that he is working in the purchase department of Kamdhenu TMT, at Sarona and the co-accused Kanhaiya Lal Chadda, Jainara, along with the present applicant have taken Rs. 48 Lakhs from him on the assurance that, he will be provided franchisee in the State of Maharashtra with regard to work relating to GST, Sales Tax, Income Tax, PAN Card and other tax related work, but same has not been provided to him and thereby they have committed criminal breach of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 trust. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant is a lady and the applicant herself has been defrauded by the company as she has not been given any salary and for that purpose, she has already lodged report at Police Station, Telibandha, and on the basis of the report of the applicant, a Rojnamcha bearing No. TB/660/2023 has also been registered and the statement of the applicant has been recorded, an the copy of the complaint and the said statement of the applicant has been annexed with the bail application as Annexure-A/4. Therefore, he prays for grant of anticipatory bail to the applicant. 4.
On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary it transpires that one Rakesh Sinha has lodged a report alleging that he is working in the purchase department of Kamdhenu TMT, at Sarona and the co-accused Kanhaiya Lal Chadda, Jainara, along with the present applicant have taken Rs. 48 Lakhs from him on the assurance that, he will be provided franchisee in the State of Maharashtra with regard to work relating to GST, Sales Tax, Income Tax, PAN Card and other tax related work, but same has not been provided to him and thereby they have committed criminal breach of trust. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity
3 of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant is a lady and the applicant herself has been defrauded by the company as she has not been given any salary and for that purpose, she has already lodged report at Police Station, Telibandha, and on the basis of the report of the applicant, a Rojnamcha bearing No. TB/660/2023 has also been registered and the statement of the applicant has been recorded, an the copy of the complaint and the said statement of the applicant has been annexed with the bail application as Annexure-A/4, at this stage without 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 MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sarika Verma on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he 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 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 him 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar