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2025 DAILYLAW 33797 (CHH)

RAZIA KHATUN v. STATE OF CHHATTISGARH

MCRCA/1004/2025 · 2025-07-09

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:32068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1004 of 2025 1 - Razia Khatun W/o Shahrukh Ansari Aged About 38 Years R/o Village Sonpur, Outpost Basdei, P.S. And District Surajpur Chhattisgarh 2 - Nurjahan W/o Zarif Ullah Aged About 30 Years R/o Village Sonpur, Outpost Basdei, P.S. And District Surajpur Chhattisgarh 3 - Mahinur W/o Rahmat Ullah Aged About 25 Years R/o Village Sonpur, Outpost Basdei, P.S. And District Surajpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Surajpur, District Surajpur Chhattisgarh ---- Non-Applicant(s) For Applicants : Mr. Shakti Raj Sinha, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 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 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Crime No.281/2025 registered at Police Station Surajpur, District - Surajpur (C.G.) for the offences punishable under Sections 420, 467, 468, 120B, 34 of IPC. 2. Prosecution case in brief is that the prosecution case reveals a well- planned conspiracy involving applicants along with co-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 applicants submit that the applicants have been falsely implicated in the present case based on vague, general, and unsubstantiated allegations. The complaint appears to stem from a personal and financial dispute with co-accused Asfaq, and the applicants have been roped in solely due to association without any independent evidence. He further submits that the applicants are not the beneficiaries of the alleged transaction. The amount was allegedly transferred to Ashiya's account, but the same was done in the name of an investment proposed by Asfaq. Ashiya did not make any misrepresentation personally, and no forged document has been attributed to her or to Mahinur or Razia. The 3 FIR does not point to any act of forgery or cheating directly committed by the applicants and further there is no allegation that the applicants are in possession of any incriminating material or money. He also submits that the only allegation against Mahinur and Razia is that of verbal abuse and threats made when the complainant visited the co-accused's residence to demand money. The applicants connection with the main accused (Asfaq) is purely familial, and such a relationship alone cannot justify denial of bail, especially in the absence of specific, direct, and credible evidence of their involvement in the core offence. Accordingly, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the present applicants, promising him to double the money, fraudulently obtained money from the complainant, in connivance with co-accused and committed fraud. Accordingly, the present applicants 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 there were two cases registered against the applicant Nos.1 and 2 out of which in one case, both have already been granted anticipatory bail by this Court in MCRC No. 412/202, vide order dated 26.03.2025 and the 4 present applicants are the lady aged about 38, 30 and 25 years and further the case of the applicants are distinguishable from that of co-accused Asfaq and Ashiya, who are main accused in the present case, therefore without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Razia Khatun, Nurjahan and Mahinur, on executing a personal bond with one surety 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 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