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2025 DAILYLAW 29222 (CHH)

JAMUNA CHAUHAN v. STATE OF CHHATTISGARH

MCRC/4850/2025 · 2025-07-23

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Judgment text

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1 2025:CGHC:35830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4850 of 2025 Jamuna Chauhan W/o Suresh Singh Chauhan Aged About 34 Years R/o Village Paunsara, P.S. Koni Dist.- Bilaspur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (Sho) P.S. Gandhinagar, Dist. Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Anand Kumar, Advocate, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.232/2019, registered at Police Station - Gandhinagar, District : Sarguja (C.G) for the offence punishable under Sections 420 & 34 of the Indian Penal Code (IPC). 2. As per the prosecution, the complainant, Shiyaram Ekka, lodged a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.25 19:08:24 +0530 2 report at Police Station Gandhinagar on 15.10.2019, alleging that during the year 2014–15, the applicant along with other co-accused was associated with "Shubh Sai Dikon Indian Limited Company" operating at Ambikapur. It is alleged that the applicant and co-accused persons induced various individuals, including the complainant, to deposit money with the company on the false promise of doubling the investment. The complainant claims to have deposited Rs. 13,000/- and was further persuaded to act as an agent to bring in more investors under similar assurances. However, no returns were provided, and the company subsequently shut down its office and absconded. Based on this, an FIR was registered under relevant sections, including Section 420 IPC. In defence, the applicant submits that she is a lady with limited literacy, having only primary education, and was herself a victim of the company’s fraudulent scheme, having invested her family’s earnings. She was neither a director nor a manager and had no role in the company's operations. She has fully cooperated with the investigating agency and has even appeared as a witness against the company in other proceedings. It is further contended that the applicant has been falsely implicated under political pressure despite her non-involvement. 3. The applicant respectfully submits that she has been falsely implicated in a case which is civil in nature, arising out of financial transactions and recovery issues, and does not disclose the commission of any offence under Section 420 IPC. The applicant, a lady with only primary education (10th pass), is herself a victim who had invested her family’s earnings in the company allegedly run by co-accused Purendra 3 Dewangan and his wife Seema Dewangan. She has no role in the management or administration of the said company and is neither a director nor a manager, with no documents on record to suggest otherwise. It is further submitted that in the present case, co-accused Dhirendra Kumar Dewangan has been granted regular bail by this Hon’ble Court in MCRC No. 4115 of 2021. Similarly, co-accused Purendra Dewangan was granted bail in MCRC No. 5838 of 2021, and co-accused Omprakash Dheevar was granted bail in MCRC No. 9123 of 2020. There has been no recovery or seizure of any incriminating material from the applicant, and the instruments allegedly used in the fraud have not been attributed to her. Her implication appears to be based purely on suspicion and political pressure. The applicant is a permanent resident of District Bilaspur (C.G.), has deep roots in society, poses no risk of absconding or tampering with evidence or witnesses, and is willing to furnish adequate surety and comply with all conditions as may be imposed by this Hon’ble Court. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further considering the fact that the applicant was absconding from the year 2019 and further she is involved in the alleged crime, and though the bail applications of the other co-accused persons has been granted by this Court but the present applicant has been absconding from last 6 4 years and looking to the seriousness of the case, I am not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application of applicant – Jamuna Chauhan, involved in Crime No.232/2019, registered at Police Station - Gandhinagar, District : Sarguja (C.G) for the offence punishable under Sections 420 & 34 of the Indian Penal Code (IPC), is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav