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2025 DAILYLAW 1252 (CHH)

RINKI YADAV v. STATE OF CHHATTISGARH

MCRCA/18/2025 · 2025-01-08

body2025

Judgment text

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1 2025:CGHC:1271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 18 of 2025 Rinki Yadav W/o Rajesh Yadu Aged About 27 Years R/o- Risali, Azad Market, Bhilai, P/s Newai, Tehsil And District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The SHO- Supela, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, 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. 551/2024 registered at Police Station – Supela, District- Durg (C.G.) for the offence punishable under Sections 420, 406 and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that on 29.04.2024, complainant Vishal Kejariwal filed a written complaint with the Superintendent of Police, Durg, and the Station House OfÏcer, Supela Bhilai. In his complaint, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.09 17:21:35 +0530 2 Kejariwal stated that he had rented 10 trucks to Mohammad Shahanawaj on 13.02.2023, through a written agreement. However, Shahanawaj failed to pay rent from December 2023 to April 29, 2024. When Kejariwal demanded payment and asked about the vehicles, Shahanawaj claimed that all the trucks had been stolen and he would neither return the vehicles nor pay the rent. An FIR was lodged under Sections 420, 406, and 34 of the IPC, and the matter was investigated. During the investigation, it was discovered that another accused, Satyendra Kumar, had given 16 trucks for sale in Jagdalpur and Nagpur, with nine trucks being under an agreement with Shahanawaz and Deepak. The amount for the vehicles was deposited into the accounts of Rajesh Yadav and Siddhant. Satyendra Kumar was found to have committed fraud and breach of trust in relation to 18 trucks worth approximately Rs 5 crore, as well as 283 trucks in Bihar. Furthermore, it was found that money from Satyendra Kumar's HDFC bank account had been illegally deposited into the Bank of India account of Rinki Yadav, the wife of accused Rajesh Yadav. This suggests that Rinki Yadav is involved in the crime. 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’s husband is the co-accused in the present case who is in jail and the applicant is a lady and and the allegation against the applicant is that she has received certain amount in her bank account, however, the State is not in a position to state as to what was the amount that has been received by the applicant in her bank account. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel oppose the bail application. 5. I have heard learned counsel for the parties and perused the materials 3 available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant’ husband is the co-accused in the present case and he is in jail, further the applicant is a lady and the allegation against the applicant is that she has received certain amount in her bank account, however, the State is not in a position to state as to what was the amount that has been received by the applicant in her bank account, hence, 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 – Rinki Yadav 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 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 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 involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti