Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21671
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 702 of 2025 1 - Smt. Muskan Mishra W/o Ankur Shukla Aged About 25 Years Housewife, Resident of Kanpa Lodhipara, Kalshri Sadan, Peela Bungalow, Devendra Nagar, Raipur, Tahsil And District - Raipur (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Kotwali, District- Rajnandgaon (C.G.)
... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer For Objector Mr. Pramod Ramteke, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 09/05/2025
1. 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.141/2025 registered at Police Station – Kotwali, District-Rajnandgaon (C.G.) for the offences punishable under Sections 318(4) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:25:01 +0530
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2. Case of the prosecution, in brief, is that on 23.03.2025 the complainant Avinash Dubey lodged written report at Police Station, Kotwali, alleging therein that the applicant and the sister of complainant namely Akanksha Dubey are the friend. The applicant informed the sister of complainant that her brother namely Harsh @ Vimal Mishra is having political approach and he has provided government job to different persons. On 19.03.2024 the applicant arranged meeting with Harsh @ Vimal Mishra and Akanksha Dubey, where the said Harsh @ Vimal Mishra has given assurances to Akanksha Dubey for providing government job upon payment of Rs. 4,60,000 and on the basis of said assurances, the complainant has transferred the amount of Rs. 3,50,000/- through Pay-T-M from his Central Bank Account No. 3779696497 to the Axis Bank Account No. 922010046624642 of the said Harsh @ Vimal Mishra and also paid the remaining amount of Rs. 1,00,000/- to the said Harsh @ Vimal Mishra upto 11.08.2024 for providing government job in Agriculture Department, but till date no government job has been provided to the complainant and the said Harsh @ Vimal Mishra is avoiding to refund the amount to the complainant.
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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the present applicant has not received any amount from the complainant for providing government job. He also submits that applicant is well educated lady and there
3 is money dispute between the complainant and brother of applicant due to which complainant has falsely implicated in the present case. He also submits that the dispute is civil in nature and criminality is attracted, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that applicant has not received any amount from the complainant for providing government job, applicant is a lady and there is money dispute between the complainant and brother of applicant due to which complainant has falsely implicated in the present case, the dispute is civil in nature and criminality is attracted, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Muskan Mishra 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:-
4 (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 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