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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1371 of 2025 1 - Purnima Upadhayay S/o Satish Upadhaya Aged About 28 Years R/o Ward No.08, Township, Dallirajhara, Police Station Rajhara, District : Balod, Chhattisgarh 2 - Mamta Mishra W/o Arun Mishra Aged About 32 Years R/o Ward No.11, Bajrang Chowk, Dallirajhara, P.S. Rajhara, District : Balod, Chhattisgarh ...Applicants
versus State Of Chhattisgarh Through Police Station Rajhara, District : Balod, Chhattisgarh ... Non-applicant
For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.09.2025
1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.167/2025, registered at Police Station – Rajhara District – Balod (C.G.) for the alleged commission of offence punishable under Sections 318(4)& 3(5) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:36 +0530
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2. As per the Case of the prosecution the complainant lodged a written report to the police station Rajhara alleging the accused persons that they have given 40000, thousand each to the applicant no 1 and also transfer money through phone pay, for getting Job in mines in the year November 2024 but till than they have neither provided job nor return the money to them. The total sum of Rs 10,40,000/- from 26 aspirants. Hence the crime for alleged commission of offence 318(4), 3(5) of B.N.S. has been registered against the accused. 3. The applicants are innocent, has no previous criminal record, and has been falsely implicated in the present case. Due to previous enmity with Satish Upadhyay, the complainant, along with others, forcibly entered the applicant’s house, looted cash, valuables, and a motorcycle key, and despite complaints made to the S.H.O. and subsequently to the S.P., no action was taken. On the contrary, a false case has been registered against the applicants, even though Satish, who is alleged to have received the money, was in jail at the relevant time. The case does not require recovery of any weapon or custodial interrogation, and there is no incriminating material against the applicant, as the amount in question was duly sent to the company and shares were allotted to the complainant therefore he prays for grant of bail.
4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 3 / 3
6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature and gravity of the offence, and also taking into account the fact that the applicants have no criminal antecedents and are ladies, this Court, without expressing any opinion on the merits of the case, is inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Purnima Upadhayay, & Mamta Mishra on executing a personal bond and one surety each 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 his 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav