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2025 DAILYLAW 22574 (CHH)

RAJMOHINI BAHAGAT v. STATE OF CHHATTISGARH

MCRCA/724/2025 · 2025-05-19

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Judgment text

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1 2025:CGHC:22188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 724 of 2025 Rajmohini Bahagat Wd/o Late Durga Lal Bhagat Aged About 61 Years R/o Near Saraswati Sishu Mandir School Chitalanak Tahsil And District - Dantewada Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Dantewada District- Dantewada (Chhatisgarh ) ... Non-Applicant For Applicant : Mr. Pankaj Singh, Advocate. For Non- applicant/State : Mr. Ashish Shukla, Additional Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, who has been arrested in connection with Crime No. 54/2024 registered at Police Station Dantewada, District - Dantewada, (C.G.), for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860. 2. The prosecution's story, in brief, is that complainant Dhanesh Ram 2 Salam entered into an agreement in 2019 with co-accused Alok Bhagat (son of present applicant) for the purchase of a 0.0300 hectare plot of land situated at Village Karli, District Dantewada, bearing Khasra No. 2975/7 for a total consideration of Rs. 3,50,000/-. He allegedly paid this amount through two cheques Rs. 2,50,000/- in the name of Alok Bhagat and Rs. 1,00,000/- in the name of present applicant. Despite repeated follow-ups, the sale deed was not executed, and upon checking, the land was found recorded in the name of a third party, Munna Kadti. The complainant alleges that forged documents were shown to him, and that he was cheated into paying the money under false representation. Based upon this an FIR was lodged. Hence this application. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. The applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. The present applicant is a lady suffering from age related ailments . The only allegation against the present applicant is that a cheque of Rs. 1,00,000/- was allegedly issued in her name at the instance of the accused. There is no evidence to show that the applicant either requested or knowingly received any amount with fraudulent intent. He further submits that co-accused person, namely, Alok Bhagat, vide order dated 07.11.2024 in MCRC No. 6994 of 2024, has already been granted bail by this Court. Therefore, he submits that the present applicant is also entitled to 3 be released on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant. Charge sheet has already been filed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused person, namely, Alok Bhagat, vide order dated 07.11.2024 in MCRC No. 6994 of 2024, has already been granted bail by this Court. Also considering the fact that the applicant is a 61year old lady and is mother of the co-accused Alok Bhagat who has already been granted bail, and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail . 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Rajmohini Bhagat, on her 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:- (i) 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. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (iii) The applicant shall appear before the trial court on each and every date given to them by the said court till disposal of the trial. (iv) 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. (v) The applicant shall not involve themselves in any offence of similar nature in future. - sd/- (Ramesh Sinha) Chief Justice alfiza