1 2025:CGHC:3124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 96 of 2025 Neelam Goswami W/o Shri Ramakant Goswami Aged About 50 Years Head Master, Primary School, Village Keshva, R/o Club Para, Tahsil And District Mahasamund Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Mahasamund, District Mahasamund Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Vaibhav A.Goverdhan, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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 her arrest in connection with Crime No.603/2024 registered at Police Station Mahasamund, District Mahasamund (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 318(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the being a government servant and posted as a principal teacher at a government primary school in Keshva, has been charged under Section 318(4) of the Indian Penal Code for cheating by receiving a monthly amount of Rs 1,000/- under the Chhattisgarh Government's Mahatari Vandana Yojana, which is restricted for government employees, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the husband of applicant Panchayat Secretary and because the husband of the applicant has not bow down to the illegal favour of sand Mafia, thereafter, the applicant has been falsely implicated in the present case. He further submits that the applicant has been included, only on the basis of Aadhar Card and the applicant has never moved any application for it, when the applicant updated her bank pass book, she got to know about the same, thereafter, she immediately requested the higher Officer including the Collector to take action in the mater. He also submits that the applicant is a government employee and if she would be arrested, her entire carrier would be ruined, further the applicant has no criminal antecedent, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the being a government servant posted as a principal teacher at a government primary school in Keshva, has cheated by receiving a monthly amount of Rs 1,000/- under the Chhattisgarh Government's Mahatari Vandana Yojana, which is restricted for government employees, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, the fact that though the applicant being a government servant posted as a principal teacher at a government primary school in Keshva, has cheated by receiving a monthly amount of Rs 1,000/- under the Chhattisgarh Government's Mahatari Vandana Yojana, which is restricted for government employees, but the applicant has no criminal antecedent, also considering the fact that applicant is lady, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Neelam Goswami, on executing a personal bond with one surety in the like sum to the 4 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