1 2025:CGHC:12323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 358 of 2025 1. Upendra Das Mahant S/o Late Tiratrhdas Aged About 27 Years R/o I.T.I. Rampur Near Hanuman Temple Korba Tehsil And District - Korba (C.G.) 2. Harsha Mahant W/o Upendra Das Mahant Aged About 31 Years R/o I.T.I. Rampur Near Hanuman Temple Korba Tehsil And District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Police Helpline Center Manikpur Police Station Kotwali District Korba (C.G.) ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 492/2024 registered at Police Helpline Center Manikpur, Police Station Kotwali District Korba (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code, 1860. 2. The case of the prosecution, in brief, is that 29.08.2024, the complainant PREETI KUMARI Digitally signed by PREETI KUMARI 2 submitted a written complaint at the concerned police station, alleging that the applicants had taken Rs. 6 lacs on the pretext of providing job to the complainant. Based on this complaint, an FIR was registered under Section 420 of the Indian Penal Code, 1860, by the Police Helpline Center Manikpur, Police Station Kotwali, Dist-Korba (C.G.). 3. It is argued by the learned counsel for the applicants that the applicants are falsely implicated in the offence as has been alleged by the prosecution. It is also submitted that the applicants and the complainant have reached a compromise and they handed over a cheque and the applicants have asked to deposit the cheque on certain date as they will arrange the amount till that date, but the complainant deposited the cheque prior to agreed date and the cheque got bounced. He also submits that the applicant No. 1 is a government servant and further the transaction between both the parties was of 2022, yet the complainant took two years to register the F.I.R without explaining reason for the delay, therefore, he prays grant of anticipatory bail to the applicants. 4. On the other hand, the learned counsel for the State opposes the prayer for grant of anticipatory bail application to the applicant. It is further submitted that the applicants has committed fraud of Rs. 6 lakhs from the complainant on the pretext of job, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, particularly, the fact that the applicant No. 1 happens to be a husband of the applicant No. 2 and being a government servant he has 3 misappropriated the amount of Rs. 6 lacs from the complainant for on the pretext of providing job, further the fact that he has misused his wife to whom the main allegations have been levelled, thus, this Court is of the opinion that is not a fit case to grant anticipatory bail to the applicant No. 1. 7. Accordingly, the anticipatory bail application of the applicant No. 1 - Upendra Das Mahant, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, apprehending his arrest in connection with Crime No. 492/2024 registered at Police Helpline Center Manikpur, Police Station Kotwali, District Korba (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code, 1860, is rejected. 8. So far as the applicant No.1 is concerned, she is a lady and she has been used by her husband/applicant No.1- Upendra Das Mahant, for taking money on the pretext of providing job to the complainant, hence, at this stage without expressing any opinion on the merits of the case, this Court is of the view that the applicant No. 2, namely, Harsha Mahant is entitled to be granted anticipatory bail in this case. 9. Accordingly, the instant MCRCA with respect to the applicant No.2 is allowed and it is directed that in the event of arrest of the applicant No.2 –Harsha Mahant, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, she 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 4 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 her 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Preeti