1 2025:CGHC:16461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 488 of 2025 • Bharti Khelwar W/o Lekhraj Khelwar Aged About 33 Years R/o Villege Mohndi Police Station Jamul District Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through- S.H.O P.S. - Kotwali, District Durg (C.G.)(Particulary of The Respondent Is Not Properly Mentioned In The Cause Title of The Impugned Order) ... Non-applicant For Applicant : Shri Avinash Chand Sahu, Advocate. For Non- applicant/State : Ms. Supriya Upasne, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with 2 Crime No.503/2024 registered at Police Station – City Kotwali Durg, District -Durg (C.G) for the offences punishable under Sections 420,120-B, 34 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that the the complainant Nokhelal Sinha and the accused Rekhraj Khailwar is very well known to each other and they have financial transactions between each other in respect of the share market online business since 2022-2023 and the complainant used to deposit amount in the account of the co-accused Rekhraj Khelwar for online share market trading and when due to the Russia Ukrain war the share market was collapsed the complainant had to occurred a heavy lost and he demanded his money back to the co-accused and when he refused to return the amount the complainant lodged a written complaint on 05.10.2024 alleging that he is very well known to the present applicant and her husband Rekhraj Khailwar who assured him to provide government job and he demanded him Rs.30-35 lacks and thus he came into his voice and out of which he started deposit amounts on various dates through UPI and bank transferred in the S.B.I account no. 30945054629 of the co accused Rekhraj Khailwar and when his name did not displays in the selection list he made complain to the accused persons and demanded his money back and finally he lodged report that the co-accused of the case has committed fraud with him to provide government Job and made the allegation that the present applicant was also involve in the said offence as there is no any 3 evidence in the charge sheet against the present applicant and just to create pressure her name was added in the FIR. Hence this anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the case. He would submit that the applicant is not the beneficiary in the entire case and the complainant has not deposited any amount in the account of the present applicant. He would further submit that there is no evidence that applicant was involved in the above case and there is no material against the present applicant. He would submit that complete transaction is completed between the husband of the applicant and the complainant for online share trading and in various occasions' the husband of the present applicant has transferred amount in the account of the complainant which shows that the transaction between the complainant and the co-accused was only for share trading that is not for providing job. He would submit that applicant is permanent resident of Jamul District Durg having movable and immovable property over there and there is no likelihood of her absconding or tampering with prosecution witnesses. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non -applicant/State, opposes the prayer for grant of anticipatory bail and she would submit that regular bail application of the main accused Rekh Raj Khilwar has been rejected by this Court 4 in MCRC No.1395/2025 on 19/02/2025, therefore the applicant is not entitled for grant of anticipatory 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, considering the fact that the amount for providing government job was deposited by the complainant in the account of husband of present applicant namely Rekhraj Khelwar and not in the account of the present applicant, also considering the fact that the applicant is a lady and the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bharti Khelwar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on 5 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 his adhaar card along with a coloured 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 vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 14:11:49 +0530