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2025 DAILYLAW 13567 (CHH)

RAZIA KHATUN v. STATE OF CHHATTISGARH

MCRCA/411/2025 · 2025-03-26

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:14622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 411 of 2025 1 - Razia Khatun W/o Shahrukh Ansari Aged About 25 Years R/o Village- Sonpur, Outpost- Basdei, P.S. And District- Surajpur (C.G.) 2 - Nur Jahan W/o Zarif Ullah Aged About 40 Years R/o Village- Sonpur, Outpost- Basdei, P.S. And District- Surajpur (C.G.) 3 - Abdul Quayum Ali S/o Ayyub Ali Aged About 36 Years R/o Village- Sonpur, Outpost- Basdei, P.S. And District- Surajpur (C.G.) ... Applicants versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Surajpur, District – Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 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. 650/2024 registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 420, 506 and 34 of the Indian Penal Code (IPC) and Section 10 of the Chhattisgarh Protection of Depositors RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Interest Act, 2005. 2. The prosecution story, in brief, is that the Mirajuddin along with other co- accused came to complainant and told him that his friend Ashfaq Ullah and his father Zarif Ullah can double the money invested within 52 days and tempted the complainant to invest money, complainant gave Rs. 7,50,000/- on 21.05.2024, Ashfaq Ullah gave him a cheque of Rs. 7,50,000/- and was asked to withdraw his money from his account after 52 days through cheque and was given 2,50,000/- in cash. The cheque which was issued in favour of the complainant was dishonoured due to insufÏcient balance. Therefore, the crime has been registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the co-accused persons are granted regular bail by this Court vide orders dated 12.02.2025, 06.03.2025 and 06.03.2025, passed in MCRC Nos. 463/2025, 1861/2025 and 1800/2025. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are 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 of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused persons are granted regular bail by this Court vide orders dated 12.02.2025, 06.03.2025 and 3 06.03.2025, passed in MCRC Nos. 463/2025, 1861/2025 and 1800/2025, 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 applicants – Razia Khatun, Nur Jahan and Abdul Quayum 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