1 2025:CGHC:18135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 551 of 2025 Savita Diwan W/o Late Dhaneshwar Diwan Aged About 45 Years R/o Multi No. - 31, Block No.-303, Naya Raipur, Tehsil And District - Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Tilda Newra, Tehsil And District - Raipur, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Pranjal Agrawal, Advocate For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer For Objector : Ms. Aditi Diwan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 22.04.2025 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 Crime No. 105/2025, registered at Police Station Tilda Newra, MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:21:08 +0530 2 District - Raipur (C.G.), for the offence punishable under Sections 3(5) and 318(4) of Bhartiya Nyay Sanhita, 2023. 3. Prosecution case in brief is that the complainant filed a complaint stating that Bhushan Lal Sharma @ Rajesh Sharma along with the present applicant have promised for providing employment to the complainant committed an offence of cheating against the complainant to the tune of Rs. 24,00,000/- and on 16.10.2021 went along with his family members to gram Kirna where Rajesh Sharma (Relative of complainant) called Dhananjay Diwan who came along with applicant and thereafter, Dhananjay Diwan stated that his wife is posted as Constable in the Ministry and she gave an assurance that she can get him the job in Police Department in lieu of Rs. 25,00,000/- and thereafter, complainant gave a cheque of Rs. 8,00,000/- in the name of Dhananjay Diwan of the Bank of Maharashtra and thereafter, rest of amount was deposited in the account of Dhananjay Diwan and thereafter, Lal Krishna Tiwari sat in the examination based on the assurance and thereafter, spoke to Dhananjay Diwan and he stated that the matter is pending before the Court and after the decision of the Court his work will be done. Thereafter, the complainant got to know that Dhananjay Diwan died and thereafter, called Rajesh Sharma/co-accused stating that applicant is not doing his work and cheated the complainant to the tune of Rs. 24,00,000/-. 3 On the basis of the which, a crime was registered against the applicant under Sections 3(5) and 318(4) of B.N.S., 2023. 4. Learned counsel for the applicant would submit that the applicant is innocent person and she has not committed any offence as alleged by the prosecution and she is falsely implicated in the present case. He also submits that one Dhananjay Diwan has taken Rs. 24,00,000/- from the complainant for providing job and he is relative of the applicant and the allegations are only against Dhananajay Diwan, the applicant is a lady constable in the Police Force. He further submits that on the basis of the memorandum statement of the co-accused, the applicant has made accused in the present case and prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail of the present applicant. 6. Learned counsel for the objector submits that the co-accused is in jail and he stated in his memorandum statement that the applicant has also involved in the alleged crime and she is a Government servant and the main deception work has been done by the present applicant and she prays for rejection of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 4 8. Considering the facts & circumstances of the case and further the fact that the applicant had no direct involvement in the alleged offence, because of applicant’s relative was the main culprit in the instant case and there is no material on record to suggest that the amount has been given to the present applicant by the complainant and she is unaware of the transactions which took place between her relative/co-accused and the complainant, therefore, I am inclined to grant anticipatory bail to the present applicant. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Savita Diwan, on executing a personal bond and 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 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 along with a coloured postcard full 5 size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. 10. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein, as the conduct of the complainant amounts to give bribe for obtaining employment through illegal mode. Sd/- (Ramesh Sinha) Chief Justice Manish