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2025 DAILYLAW 31677 (CHH)

VEENA v. STATE OF CHHATTISGARH

MCRCA/1005/2025 · 2025-07-09

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Judgment text

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1 2025:CGHC:32067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1005 of 2025 1 - Veena D/o Purnjay Sahu Aged About 21 Years R/o Sakin Bazar Chowk, Gata Par Kaurra, District Dhamtari Chhattisgarh. 2 - Dileshwari Sahu D/o Lalaram Sahu Aged About 21 Years Sakin - Gram - Lakhsar District Mungeli Chhattisgarh. 3 - Gayatri Baghel D/o Rajkumar Baghel Aged About 21 Years R/o Mandir Chowk Rajadhar Balodabazar Gurra, District Balodabazar Bhatapara Chhattisgarh. 4 - Jyoti Tandan D/o Munshiram Tandan Aged About 25 Years R/o House No. 41, Gram Tikari, Post Tikari, Sadakpara, Gram - Masturi, Post Musturi, Tahsil - Musturi, District Bilaspur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through - Police Station Bhatapara, District Balodabazar Bhatapara Chhattisgarh. ---- Non-Applicant(s) For Applicants : Mr. Krishna Kumar Khatri, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 10.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.139/2025 registered at Police Station-Bhatapara(city), District Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 318(4), 3(5) of BNS. 2. Prosecution case in brief is that a criminal case has been registered against the applicants before the Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.), on the allegation that the present applicants defrauded the complainants and others by taking money from them under the false pretext of providing employment. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this case. He further submits that based on the prosecution story, a prima facie case may appear to exist; however, there has been a grave lapse in the investigation process, as the Investigating Officer has failed to conduct an independent and fair investigation. He further submits that the co-accused persons namely Subhash Chaudhari and Kuleshwari Sahu, have already been granted bail by this Court in MCRC No. 2859/2025 and MCRC No. 3237/2025, vide order dated 20.05.2025 and the case of the applicants are similar to that of co- accused and further the applicants have no previous criminal antecedent. Accordingly, he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the allegations against the applicants are serious in nature hence, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and also considering the fact that the present applicants are lady and further the co-accused persons namely Subhash Chaudhari and Kuleshwari Sahu, have already been granted bail by this Court in MCRC No. 2859/2025 and MCRC No. 3237/2025, vide order dated 20.05.2025 and the case of the applicants are better than the case of co-accused and further the applicants have no previous criminal antecedent, therefore without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Veena, Dileshwari Sahu, Gayatri Baghel and Jyoti Tandan, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the 4 Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal