1 2025:CGHC:40843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1209 of 2025 Saroj Kumari W/o Aditya Kumar Aged About 35 Years Caste - Kanwar (Scheduled Tribe), R/o Village Puraina, Police Station Bankimongra, Tahsil Katghora, District : Korba, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vimlesh Bajpai, Advocate. For Respondent(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending her arrest in connection with Crime No.318/2025 registered at Police Station Ambikapur, District : Surguja (C.G.) for the offence punishable under Section 420 of the IPC. 2. Prosecution case in brief is that the complainant, Ku. Nemhantin Tigga, lodged a report at Police Station Ambikapur, alleging therein that, on the pretext of providing a government job in the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Agriculture Department, the applicant obtained a total sum of Rs.12,32,000/- from the complainant during the period from 10.01.2023 to 18.05.2023. On the basis of the said report, an offence under Section 420 of the Indian Penal Code has been registered against the applicant. Hence, the anticipatory bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the applicant has no approach or influence in any government department and, therefore, there was no occasion for her to give any assurance of providing a government job. In fact, one Dipesh Kumar Dubey obtained an amount of Rs.25,00,000/- from the applicant on the pretext of securing a government job for her. The said Dipesh Kumar Dubey also took money from the complainant for the same purpose and, for receiving such amount, used the bank account of the applicant, from which he subsequently transferred the funds to his own account bearing No. 20243643582 in State Bank of India, Bankimongra Branch. The applicant herself is a victim of the fraud and cheating committed by the said Dipesh Kumar Dubey, regarding which she lodged a written complaint before the Superintendent of Police, Korba, on 17.07.2025. It is further submitted that the applicant is presently 12 weeks pregnant and requires regular medical check-ups, proper nutrition, and due care, as supported by the medical certificate/documents 3 collectively annexed herewith as Annexure A/5, hence he 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, in collusion with other co-accused persons, has allegedly committed fraud against the complainant by dishonestly inducing him and taking money in the name of providing employment. Such grave allegations involving deliberate deception and criminal conspiracy clearly indicate the serious nature of the offence, therefore, she is 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 & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it prima facie appears that though the applicant, in collusion with other co-accused persons, has allegedly committed fraud against the complainant by dishonestly inducing him and taking money in the name of providing employment, but considering the fact that the applicant is presently 12 weeks pregnant and requires regular medical check- ups, proper nutrition, and due care, as supported by the medical certificate/documents collectively annexed herewith as Annexure A/5, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Saroj Kumari, 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) 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 her from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to her 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 shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future. 8. However, it will be open for the prosecuting agency to initiate prosecution against the complainant of the present case also who claims to have been cheated by the applicant herein, as the conduct of the complainant amounts to give money for obtaining employment through illegal mode. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil