SMT. SUSHMITA MANTHAPURWAR v. STATE OF CHHATTISGARH
MCRCA/1241/2025 · 2025-08-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39946 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39946 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:41254
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1241 of 2025 Smt. Sushmita Manthapurwar W/o Prem Narayan Manthapurwar, Aged About 42 Years R/o H.No. 26, Dixit Colony, Sadak No. 01, Ward No. 02, Kosanagar, Bhilai Nagar, Tahsil And District Durg (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station Ambikapur, District Surguja (C.G.)......(Wrongly Mentioned As P.S. Kotwali)
... Respondent For Applicant : Shri Tarendra Kumar Jha, Advocate. For Respondent/State : Shri Atanu Ghosh, Dy.G.A.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 14/08/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.488/2025 registered at Police Station – Ambikapur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:41:29 +0530
2 District Surguja (C.G.) for the offences punishable under Sections 420, 384 of IPC.
2. Case of the prosecution, in brief, is that the complainant Vishek Gupta running a agency in the name & style Sai Auto. In the year 2020 he had business deal with the applicant agency AARJEE Auto Junwani road Bhilai and he sent 2 Cargo Auto one is AARJEE of Rs. 184135/- and second is of Rs. 188615/- and the applicant given the cheque on date 27.03.2020, but due to covid- 19 the complainant did not present the said cheque for withdrawal. It is further stated that the parties came to an agreement and as per agreement the applicant did not paid the amount and threatening him to implicate in a false case, thereafter the complainant moved a complaint before the CJM Ambikapur and on the basis of order FIR No.488/2025 was registered.
3.
Learned counsel for the applicant submits the applicant is innocent and falsely implicated in the instant case. He would submit that the vehicle could not be sold because of prevailing covid-19 period and at that time as per Government instruction BS-IV vehicle could not be sold without any registration and the applicant had given the cheque but the complainant never presented the cheque to the concerned bank and filed this criminal complaint on the false grounds. He would further submit that the dispute is of civil in nature and the applicant is an innocent woman and the FIR has been registered on the basis of
order passed by CJM on the complaint filed by the complainant.
3 Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, materials available on record, considering the fact that dispute appears to be purely of civil nature and considering the fact that applicant being a lady, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Smt. Sushmita Manthapurwar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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.
4 (c) The applicant 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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice
gouri