Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 40072 (CHH)

ANJULIKA PATEL v. STATE OF CHHATTISGARH

MCRC/6590/2025 · 2025-09-11

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:46975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6590 of 2025 Anjulika Patel D/o Vinod Kumar, (Wife Of Jagannath Tandi) Aged About 37 Years, R/o Yash Vihar Colony, Santoshi Nagar District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Kanker District- North Bastar - Kanker (C.G.) ... Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.172/2025 registered at Police Station Kanker District - North Bastar Kanker (C.G.) for the offence punishable under Sections 318 (2), 61(2) of BNS and section 10 of the Chhattisgarh Protection of Depositor's Interest Act, 2005. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 17:15:13 +0530 2 2. Case of the prosecution, in brief, is that the complainant, Chatur Singh Chandra, was lured into investing money in Trading Tiger Academy and other companies run by Jagannath Tandi and his wife Anjulika Patel (the applicant). The accused promised to double or triple the investment amount in different time periods and offered attractive gifts. The complainant invested a total of Rs.96,50,000/- through various transactions, including cash payments and bank transfers. However, the accused failed to return the investment amount or provide the promised returns within the stipulated time period. The complainant alleged that the accused, including the applicant, conspired to cheat him by luring him with false promises and embezzled the amount. An FIR was registered under sections 318(4) and 61 of the BNS Act, against the applicant and other company officials and they were arrested for the alleged crime. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in a case by police officers Omkar Chandra and Virendra Chandra, who had invested money in her husband's trading business. He would submit that the applicant's husband was allegedly abducted and forced to bring money from Dubai and the police officers, Omkar Chandra and Virendra Chandra, allegedly demanded Rs.40,00,000/- from the applicant and her husband. He would further submit that the applicant’s husband had already refunded the investment amount to the complainant and his relatives through online transactions. He would further submit that the FIR was lodged at Kanker police station, despite the complainant not being a resident of Kanker, allegedly due to the influence of police officer Omkar Chandra. He would further submit that the applicant has 3 a minor daughter who is living with her parents, charge sheet has been filed in this case, applicant is in jail since 16/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 16/06/2025, charge sheet has been filed as stated by learned counsel for the applicant at bar, applicant has no criminal antecedents, applicant being a lady and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Anjulika Patel, involved in Crime No.172/2025 registered at Police Station Kanker District - North Bastar Kanker (C.G.) for the offence punishable under Sections 318 (2), 61(2) of BNS and section 10 of the Chhattisgarh Protection of Depositor's Interest Act, 2005, be released on bail on her furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence 4 when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri