1 2025:CGHC:23596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4341 of 2025 Sofiya Khan W/o Salim Khan Aged About 52 Years R/o Village- Gorakhpur, Tahsil- Pendra Road, District- Gaurella Pendra Marwahi (GPM) (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Gaurella, District- Gaurella Pendra Marwahi (GPM) (C.G.) ... Non-Applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-Applicant/State : Mr. Pramod Shirvastava, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.436/2024, registered at Police Station – Gaurella, District - Gaurella-Pendra- Marwahi (GPM) (C.G.) for the offence punishable under Sections 420 and 406/34 of Indian Penal Code. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.13 19:32:26 +0530 2 2 The case of the prosecution, in brief, is that the complainant Sangeeta Dhurve registered an FIR stating that applicant and her son Ramzan Khan gathered some of the women of the village and stated them that they work for the bank and by creating women groups they facilitate loan from the bank in low interest. Pursuant to this, some of the women deposited 5000 to 7000 by filling forms, the name of the banks which gave loan were Fusion Finance, IDFC First Bank, ESAF Co-operative Society and Fincare Small Finance Limited. Loan amounting to 30,000 to 50,000/- was passed and it was alleged that this money was taken by the applicant and co-accused. In the complaint, 13 women have signed as complainants. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that it is not clear that how much money was taken by the applicant from the complaining women. They applied for loan and they received the loan. The applicant is no where benefited from them. He also submits that the co-accused, namely, Ramzan Khan @ Rahim Khan has been granted bail by this Court vide order dated 17.04.2025 passed in MCRC No. 2530/2025. He later submits that the applicant has two previous criminal antecedents, out of which in one case registered in Crime No. 305/2015, she has been granted bail and is pending. He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 30.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the complainants, resident of village Pandripani, alleged that the applicant, Sofiya Khan, posed as a bank representative and collected 3 money from them, promising loans at low interest rates. She filled loan forms for various amounts, ranging from Rs. 40,000/- to Rs. 50,000/-, and obtained thumb impressions from the women, misappropriating most of the loan amounts. When the women were asked to repay the loans, they claimed they had not received the money. The applicant and her family allegedly threatened and abused the women, calling them derogatory names and refusing to refund the money. Further the applicant has two previous criminal antecedents, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the applicant, namely, Sofiya Khan, posing as a bank representative, allegedly cheated women from by collecting money and misappropriating loan amounts and when confronted, the applicant and her family allegedly threatened and abused the women, calling them derogatory names and refusing to refund the money, it is a case of fraud, further the applicant has two previous criminal antecedents, in one case she has been granted bail and the co-accused who has been granted bail by this Court is on different putting, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Sofiya Khan involved in Crime No.436/2024, registered at Police Station – Gaurella, District - Gaurella-Pendra-Marwahi (GPM) (C.G.) for the offence punishable under Sections 420 and 406/34 of Indian Penal Code, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti