Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 33403 (CHH)

ASIYA BEGUM v. STATE OF CHHATTISGARH

MCRCA/1048/2025 · 2025-07-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1048 of 2025 • Asiya Begum W/o Najir Hussain Aged About 25 Years R/o Village Shivprasad Nagar, Police Station Surajpur District - Surajpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Surajpur District - Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent/State : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.07.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.281/2025 registered at Police Station – Surajpur District-Surajpur (C.G.) for the offence punishable under Section 420, 467, 468, 120-B and 34 of IPC. 2. Prosecution case in brief is that the prosecution case reveals a well-planned conspiracy involving applicants along with co- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.19 11:32:48 +0530 2 accused Asfaq and others, cheated the complainant under the pretext of investing money in "Adani Trading Company" with a promise to double the amount. Asfaq lured the complainant into the scheme and made him speak to his aunt Ashiya, who further convinced him to transfer the money to her account. When the complainant demanded his money back, he was abused and threatened by the applicants. When the complainant visited Asfaq's house in Surajpur, he was again abused and threatened by applicants. On the basis of such complaint, the aforementioned offences have been registered against the applicants. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that co-accused persons have already been granted anticipatory bail by this Court in MCRCA No. 1004 of 2025 vide order dated 10.07.2025, applicant has been falsely implicated by the complainant, therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant promising the complainant to double the money, fraudulently obtained money from the complainant, in connivance with co-accused and committed fraud. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offense, looking to the fact that applicant is a lady, who is aged about 25 years, co-accused persons have already been granted anticipatory bail by this Court in MCRCA No. 1004 of 2025 vide order dated 10.07.2025, without further commenting on merits of the case, I am inclined 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 Asiya Begum, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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, 4 which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali