1 2025:CGHC:21497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 621 of 2025 Smt. Ratna Pathak D/o Lal Gopal Pathak Aged About 41 Years R/o Ward No. 1, Janjgir Champa Distt.-Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station - Civil Lines, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. D.K.Gwalre, Advocate. For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Rejeev Shrivastava, Senior Advocate assisted by Mr. Pragalbha Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.531/2024 registered at Police Station Civil Lines, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 61(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that the complainant, Tej Kumar Bajaj, filed a written complaint on October 11, 2024, at the Civil Lines Police Station. According to the complaint, the complainant runs a mobile shop near Sant Kanwar Ram Chowk, Katora Talab, Raipur, and has a neighbor named Sameer Arora, who is acquainted with co-accused Vijay Kumar Shastri. Vijay Kumar Shastri, in turn, knows co-accused Premanand Jati. On February 13, 2020, at around 2:00 P.M., the co-accused, Vijay Kumar Shastri and Premanand Jati, visited the complainant's office, Bajaj Townshift. Premanand Jati showed his Aadhaar card, PAN card, and a card related to buying and selling metals. He claimed to deal in original coins and metals and promised unusually high returns on investment, stating that the complainant would receive 5 to 10 times the amount invested. He also claimed that 50% of the profit would be given to the complainant in addition to the cost price. The co-accused demanded a security deposit of Rs. 1,00,00,000/- and a testing fee of Rs. 20,00,000/-, totaling Rs. 1,20,00,000. They assured the complainant that the investment would yield at least three times the amount within 3 to 6 months. The co- accused introduced the complainant to Alok Pradhan and Krupasindhu Nayak from Odisha, claiming they were scientists who bought precious metals and sent them to the US for use in NASA and satellites. Thereafter, The complainant transferred Rs. 72,00,000 to Premanand Jati's account through RTGS between March 1, 2020, and September 17, 2020. A locker was then 3 opened in a nationalized bank in Sonpur, Odisha, in the joint names of the complainant, Premanand Jati, Vijay Kumar Shastri, and Alok Pradhan. The precious metal was kept in the locker, and the key was given to the complainant. When the complainant asked about the sale of the metal after two months, the co- accused started delaying and dodging. Realizing he was cheated resulting to lodging an FIR against accused persons. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that the alleged offence is not made out against the applicant as neither she has given any offer/allurement to the complainant nor has received any money, there is absolutely no allegation to the effect that the applicant has ever been benefited in any manner. He also submits that the co-accused, namely, Premanand Jati has already refunded Rs.32,00,000/- on 06.12.2024 and Rs.40,00,000/- on 07.02.2025 (totaling the entire amount of Rs.72,00,000/-) to the complainant through RTGS mode, copies of which are annexed as Annexure A/3, hence he prays for grant of anticipatory bail to the applicant. 4. Learned State counsel has opposed the prayer for grant of anticipatory bail. 5. Learned counsel for the objector submits that the applicant alongwith other co-accused persons are alleged to have 4 committed fraud with the complainant, they demanded Rs. 1,20,00,000/- and assured the complainant that the investment would yield at least three times the amount within 3 to 6 months, based on that the complainant transferred Rs. 72,00,000 to Premanand Jati's account through RTGS between March 1, 2020, and September 17, 2020 and later on, when the complainant asked about the sale of the metal after two months, the co- accused started delaying and dodging, therefore, she 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, nature of dispute and material available in case diary and the fact that though the applicant alongwith other co-accused persons are alleged to have committed fraud with the complainant, they demanded Rs. 1,20,00,000/- and assured the complainant that the investment would yield at least three times the amount within 3 to 6 months, based on that the complainant transferred Rs. 72,00,000 to Premanand Jati's account through RTGS between March 1, 2020, and September 17, 2020 and later on, when the complainant asked about the sale of the metal after two months, the co- accused started delaying and dodging, but co-accused, namely, Premanand Jati has already refunded Rs.32,00,000/- on 5 06.12.2024 and Rs.40,00,000/- on 07.02.2025 (totaling the entire amount of Rs.72,00,000/-) to the complainant through RTGS mode, copies of which are annexed as Annexure A/3, also considering the fact that applicant is a lady, as such, 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 - Smt. Ratna Pathak, 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 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