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2025 DAILYLAW 4457 (CHH)

SOFIYA KHAN v. STATE OF CHHATTISGARH

MCRCA/105/2025 · 2025-01-23

body2025

Judgment text

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1 2025:CGHC:4243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 105 of 2025  Sofiya Khan W/o Salim Khan, Aged About 52 Years, R/o Gorakhpur, Tahsil Pendraroad, District G.P.M. Chhattisgarh. ... Applicant versus  State of Chhattisgarh through Station House Officer, Police Station Gaurela (Wrongly Mentioned In Order-sheet As Marwahi), District G.P.M. Chhattisgarh. ... Respondent For Applicant :- Mr. Kishore Narayan & Mr. Pritam Singh, Advocates. For State :- Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 436/2024 registered at Police Station – Gaurela, District – Sakti (C.G.) for the offence punishable under Sections 406 & 420 of the IPC. 2 2. Prosecution case, in brief, is that on 28/12/2024, complainant Sangeeta Dhurve lodged a written complaint that Sofia Khan works in a bank and her job is to form groups and provide loans to poor women at low interest rates and by taking many women of the village including the applicants into confidence, they took Rs. 5000, 6000, 7000 from various women and filled the forms. After that, loans of different amounts were sanctioned from various institutions including Myco Fusion Finance, IDFC First Bank, ESAF Cooperative Society, Fincare Small Finance Bank, in the name of some people, Rs. 40,000, Rs. 50,000 and Rs. 30,000. Most of the amount was taken by them by getting thumb impressions of all the applicants and other women, which they came to know about when the bank employees started coming to their homes. They said that they have nothing to do with Sofia Khan or anyone else, the money has been taken in their name, so they will recover it from them and also threatened to beat up their family members. When they go to the house of the accused applicant, their entire family abuses them by calling them Gond, Ganwar, Adivasi and caste-based abuses and threatens to kill them. It is the allegation against the present applicant that she has cheated all those women in the name of getting them a loan. On the basis of the said 3 written complaint, the police station-Gaurela registered a crime as mentioned above and started investigation which is going on. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant did not meet any women and even she did not know the complainant Sangeeta Dhurve. He also submits that the neither applicant has participated in any kind of bank related proceedings with the complainant nor she has committed any crime. He further submits that the applicant is 52 years woman, she has goodwill not only in the society and any kind of arrest will not only damage her goodwill but also her entire family for no fault of her/others. He further submits that the present applicant has no criminal background or record. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the applicant deceived all women under the pretext of arranging loans and even otherwise, in similar offence, the application for grant of anticipatory bail the present applicant has already been rejected by this Hon’ble Court 4 vide order dated 15.01.2025 passed in MCRCA No.66/2025 and, therefore, she is not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the applicant deceived all women under the pretext of arranging loans and further in similar offence, the application for grant of anticipatory bail the present applicant has already been rejected by this Hon’ble Court vide order dated 15.01.2025 passed in MCRCA No.66/2025, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Sofiya Khan, involved in Crime No. 436/2024, registered at Police Station – Gaurela, for the alleged commission of offence punishable under Sections 406, 420 of Indian Penal Code, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Ankit