1 2025:CGHC:7515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1064 of 2024 • Sushri Usha Kiran Mishra D/o Late Parmeshwar Dayal Mishra Aged About 62 Years R/o Vallabh Nagar, Raipur, District - Raipur, Chhattisgarh Permanent R/o Kutchery Road, Bilaigarh, Police Station - Bilaigarh, District - Sarangarh-Bilaigarh, Chhattisgarh (Particulars And Address Of The Applicant Is Mentioned Correctly) ... Applicant Versus 1. State Of Chhattisgarh Through Station House Officer - Police Station City Kotwali, District - Raipur, Chhattisgarh 2. Ashutosh Mishra S/o Shri Narmada Prasad Mishra Aged About 36 Years R/o Awantika, 28/471, Ekta Colony, Shri Ram Nagar Phase - II, Behind Ashoka Tower, Raipur, Chhattisgarh Pin- 492001 ... Non-Applicants For Applicant : Mr. Anmol Sharma, Applicant For Non-Applicant No.1/State For Non-Applicant No. 2/ Complainant : : Mr. Vinay Pandey, Deputy Advocate General Mr. Manay Nath Thakur, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 12/02/2025 Admit. 1. This is the third anticipatory bail application filed by the present applicant under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 89/2023 registered at Police Station-City Kotwali, District-Raipur (C.G.) for commission of offence punishable U/s 420 read with 34 of IPC. Digitally signed by RAMESH KUMAR VATTI 2 2. Earlier, applicant preferred first anticipatory bail application under Section 438 of Cr.P.C. bearing MCRCA/609/2023, which was dismissed by this Court vide order dated 07.09.2023 holding that the complainant has not been impleaded as party. Thereafter, applicant preferred second anticipatory bail application under Section 438 of Cr.P.C. bearing MCRCA/1344/2023, which was dismissed on merits vide order dated 26.02.2024. 3. As per the case of prosecution, the complainant, namely, Ashutosh Mishra lodged a written report on 09.02.2023 to the effect that the present applicant along with other co-accused took 41,60,000/- through RTGS with an assurance to make him a partner in Rajendra HP Gas Agency, Raipur but later on, the assurance turned out to be false. On such complaint being made, police registered offence as stated above. 4. The second bail application moved by Sushri Usha Kiran Mishra and Vatan Mishra was dismissed after taking into consideration the entire facts of the case. This bail application has been preferred by Sushri Usha Kiran Mishra, whereas, Vatan Mishra has been granted regular bail by the learned trial Court. The present applicant approached Hon’ble Supreme Court by filing Special Leave Petition(Criminal) bearing Special Leave Petition (Criminal) Diary No. 33464/2024 which was dismissed vide order dated 12.08.2024 reserving liberty in her favor to implead the complainant as party and to make payment of some more amount to complainant. The applicant was also granted liberty to approach the High Court by filing appropriate application. 5. Learned counsel for the applicant submits that the applicant has already refunded Rs.22 lakhs to the complainant and she is ready to refund the remaining amount in near future. He further submits that 3 there was business transaction between applicant and the complainant and no offence punishable U/s 420 read with 34 of IPC is made out against her. He contends that applicant is a lady, therefore, she may be enlarged on anticipatory bail. 6. On the other hand, learned counsel appearing on behalf of respective non-applicants would oppose. They submit that applicant along with another co-accused cheated the complainant. He further submits that an amount of Rs. 44 lakhs was deposited in account of applicant in installments through RTGS. They contend that complainant was given false assurance by the applicant and thus, a prima-facie case punishable U/s 420 read with 34 of IPC is made out. They further contend that one more crime number is registered for commission of similar offence against the present applicant, therefore, she is not entitled for anticipatory bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. The Hon’ble Supreme Court reserved liberty in favour of the applicant to implead the complainant as party and to make payment of some more amount to the complainant. Pursuant to liberty, reserved by the Hon’ble Supreme Court, the applicant has preferred this bail application. The applicant is lady, aged about 62 years. There was business transaction between the parties. The complainant himself transferred Rs.44 lakhs in Bank Account of the applicant and co- accused. The applicant has already refunded Rs.22 lakhs. The documents filed by the applicant would show that an agreement was entered into between the parties. The co-accused namely Vatan Mishra has been enlarged on regular bail by the Court below. 4 9. Taking into consideration the above facts, in the opinion of this Court, the applicant may be enlarged on anticipatory bail. Consequently, third anticipatory bail application is allowed. 10. It is directed that in the event of the arrest of the applicant in connection with the crime in question, she shall be released on anticipatory bail by the officer arresting her on her executing a personal bond in sum of Rs.50,000/- to the satisfaction of the Arresting Officer. The applicant shall abide by the following conditions:- i. She 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/her from disclosing such fact to the Court or Investigating Officer, as the case may be; ii. She shall not act in any manner that will be prejudicial to a fair and expeditious trial; iii. She shall make herself available for interrogation by a police officer as and when required; and iv. She shall not involve herself in any offence of a similar nature in the future. 11. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of anticipatory bail. The concerned trial Court shall not influenced or bound by any of the observations made hereinabove. Sd/- (Rakesh Mohan Pandey) Judge vatti