Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36228
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1102 of 2025 • Smt. Rupika Lawrence W/o Shri Nitin Lawrence Aged About 35 Years R/o Near Lodhipara Chowk, Raipur, District - Raipur, Chhattisgarh
... Applicant versus • State Of Chhattisgarh Through - Police Station Civil Line. Raipur, District - Raipur, Chhattisgarh
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amrito Das, Advocate For Respondent/State : Ms. Vaishali Mahilong, Advocate For Objector Mr. Sayed Afaque Hussain Rizvi, Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 25.07.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.281/2025 registered at Police Station – Civil Line, District – Raipur (C.G.) for the offence punishable under Sections 34, 420, 467, 468, 471 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the applicant along with the other were fraudulently impersonating themselves as the office bearers of the said society, they have fraudulently taken decision while deceitfully holding the post of vice-chairman and sectary. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:12 +0530
2 According to the complainants the applicant and others were never the given the charge of the governing body as they claim and the decision taken by them as governing members is illegal. The complainant to its furtherance claims the governing members were
"fraudulently" holding the said post when they registered an FIR against the present complainants in the years 2024. The complaint further goes on to narrate that the while the applicants and the other office bearers where "fraudulently" holding the said posts they have wrongfully used the official letter head of the society and have passed numerous order which as per the complainant the office bearers were not empowered do and thereby an FIR was registered was against the applicant under section 34, 420, 467, 468 and 471 of the Indian Penal Code 1860 c 19.06.2025. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the entirety of the FIR there are no accusation which have been levied against the applicant by the complainants.
The complainants though have narrated a series of supposed impersonation that has been done by the certain office bearers but despite the same the complaint has failed to demonstrate an iota of involvement by the applicant in the said supposed impersonation. He also submits that the complainants drew undue financial benefits from the society illegally in breach of the registered by-laws. A PIL was preferred before this Hon'ble Court being W.P.(PIL) No. 71/2016. The said PIL was disposed off vide order dated 18.11.2022 wherein directions were given to the Registrar, Firms and Societies to conduct an enquiry into the alleged financial irregularities of the society. Allegations were against the complainants who were then the office
3 bearers. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 looking to the fact that the present applicant is a lady, who is aged about 35 years, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is 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 applicant – Smt. Rupika Lawrence 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) 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
4 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 vaishali