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2025:CGHC:2300
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 53 of 2025 1 - Sandeep Kumar Srivastava S/o Ajeet Kumar Srivastava Aged About 42 Years R/o Plot No. 8, Street No. 14/B, Pragati Nagar, Civic Center, Bhilai, Chhattisgarh – 490006. 2 - Anusha Srivastava W/o Sandeep Kumar Aged About 37 Years R/o Plot No. 8, Street No. 14/B, Pragati Nagar West, Risali, Civic Center, Bhilai, Chhattisgarh – 490006. 3 - Ravi Pratap S/o Dharam Singh Aged About 43 Years R/o Ward No. 2, Shanti Nagar, Rajgarh Road, Pilani, Jhunjhunun, Rajasthan – 333031. ... Applicant versus State of Chhattisgarh Through P.S. Bodhghat, District – Bastar, Jagdalpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashish Tiwari, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 14.01.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 510/2024 registered at Police Station – Bodhghat, District – Bastar, Jagdalpur RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 (C.G.) for the offence punishable under Section 420 of the Indian Penal Code, 1860 (IPC). 2. The prosecution story, in brief, is that the complainant, Smt. Alka Das, lodged a written complaint at Bodhghat Police Station, alleging that Anusha Shrivastava and her husband, Sandeep Shrivastava, cheated her and committed fraud to the tune of Rs. 31,50,000/-, the complainant alleged that Anusha contacted her through Facebook and informed her that her husband, Sandeep, worked at Jindal Company, Raigarh, and earned Rs. 4-5 lakhs per month through online share trading. Anusha promised the complainant for high returns on investment and assured her that she could withdraw her principal amount at any time. The complainant alleged that Anusha and Sandeep tempted her with a foreign trip and she transferred a total of Rs. 22,50,000/- to Sandeep's Phone Pay number between 01.05.2013 and 03.10.2014. Additionally, she transferred Rs. 9,00,000/- to co-accused Ravi's account between 05.02.2014 and 05.09.2014. The complainant alleged that the accused persons cheated her and committed fraud to the tune of Rs. 41,57,000/-. The Bodhghat Police Station registered the crime against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case.
It is submitted that no any other criminal case has been registered against the applicant of similar nature. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 3
5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that no any other criminal case has been registered against the applicant of similar nature, as such without expressing any opinion on merits, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Sandeep Kumar Srivastava, Anusha Srivastava, and Ravi Pratap on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar