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2025 DAILYLAW 40759 (CHH)

SMT. JUGARBAI DHIWAR v. STATE OF CHHATTISGARH

MCRCA/1288/2025 · 2025-09-11

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:46869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1288 of 2025 Smt. Jugarbai Dhiwar Wd/o Late Sukul Dhiwar Aged About 69 Years R/o Ward No. 13, Tumgaon, P.S. Tumgaon, Tehsil And District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Bagbahara Dist. Mahasamund (C.G.) ... Respondent {Cause title taken from Case Information System} For Applicant : Ms. Anamika Jain, Advocate. For Respondent : Mr. Santosh Soni, Govt. Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 12/09/2025 1. The applicant has filed this first application for grant of anticipatory bail under Section 482 of Bhartiya Nagarik Suruksha Sanhita, 2023 as she is apprehending her arrest in connection with Crime No. 187 /2023 registered at Police Station Bagbahara, District Mahasamund (C.G.) for commission of offence punishable under Sections 419, 420, 467, 468, 471 & 120(B) of the IPC. 2 2. Allegation against present applicant is that she impersonated herself to be vendor Neman Bai (mother of complainant – Manoj Chandrakar) by hatching conspiracy with other co-accused persons and thereby they got registered sale deed dated 28.9.2022 of joint property of complainant for sale consideration of about Rs. 33,46,000/-. FIR was lodged by Manoj Chandrakar, who is co-owner of the aforesaid joint property. Based on which, present crime has been registered against applicant and other 8 co-accused persons. 3. Learned counsel appearing for the applicant submits that applicant is an old illiterate villager lady, she was taken by co- accused persons in the office of Sub-Registrar in order to get executed some loan agreement, she was not aware about the said execution of registered sale deed. She further submits that this is first crime registered against the applicant and out of total 9 similarly situated co-accused persons, 8 co-accused persons have been granted regular bail by this Court; charge-sheet has already been filed, hence, the applicant, being old aged lady, may be extended the benefit of anticipatory bail. 4. Per contra, learned counsel for the State / non-applicant while opposing the bail application would submit that applicant is one of the main accused, as she projected herself to be original landlord Neman Bai; other similarly situated co-accused persons have already been granted regular bail by this Court and applicant preventing herself from getting arrest, hence, anticipatory bail application filed by the applicant is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. It is a case of getting registered sale-deed impersonating other person to be original landlord by accused persons, in which, the applicant appeared as original landlord – Neman Bai, but considering the fact that charge-sheet has already been filed and the fact that applicant is old aged lady, aged about 69 years, therefore, having considered the totality of the facts, I am of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a bond in the sum of ₹ 50,000/- with one surety for the like sum to the satisfaction of the officer/Court arresting her and she shall abide by all the following terms and conditions: (i) that the accused/applicant shall cooperate with the investigation and make herself available for interrogation before the concerned Investigating Officer as and when required. (ii) that the accused/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/her from disclosing such facts to the Court or to any police officer; (iii) that the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and 4 iv) that 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. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.16 12:07:04 +0530