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2025 DAILYLAW 1274 (CHH)

NIRMALA NISHAD v. STATE OF CHHATTISGARH

MCRCA/14/2025 · 2025-01-08

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Judgment text

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1 2025:CGHC:1267 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 14 of 2025 Nirmala Nishad D/o Sudama Prasad Nishad Aged About 45 Years R/o Chandali, Tehsil Dabhra Sakti, P.S. Tikrapara, Tehsil Dabhra, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O. P.S. City Kotwali Raigarh, Tahsil And District Raigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Ankit Singh, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. For Objector : Mr. Rajesh Roshan Singh, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08/01/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.727/2024, registered at Police Station City Kotwali AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 16:57:56 +0530 2 Raigarh (C.G.) for alleged commission of offence punishable under Section 420/34 of the Indian Penal Code (In short, IPC). 2. As per the case of the prosecution, the applicant, in connivance with her other associates, has cheated the complainant to the tune of Rs. 30,61,800/- in the name of getting a job for the complainant's children. Thus, a prima-sfacie case of cheating and causing financial loss to the complainant is made out against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is lady, she only introduced the complainant to co-accused Satish Sahu, even he has not received any money from the complainant. He also submits that the applicant has not cheated complainant, he has never demanded any money from the complainant, hence he prays to enlarge the applicant on anticipatory bail. 4. Learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co- accused persons have cheated the complainant to the tune of Rs. 30,61,800/- in the name of getting a job for the complainant's children, therefore, the applicant is not entitled for grant of bail. 5. Learned counsel for the objector submits that the applicant is also one of the account holders, who received money, which clearly 3 shows the involvement of applicant in the present case, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, further considering the fact that the allegation against the applicant that though he alongwith other co- accused persons have cheated the complainant to the tune of Rs. 30,61,800/- in the name of getting a job for the complainant's children, but the applicant has no criminal antecedent, also considering the fact that the applicant is lady, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Nirmala Nishad, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he 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 4 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/- (Ramesh Sinha) CHIEF JUSTICE Akhil