Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:4041
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 111 of 2025 Ruby Majumdar W/o Pawan Tandeswer Aged About 35 Years R/o Dh 51 Scheme Num 74 Vijay Nagar Indore, District Indore (M.P.) (Pawan Tandeswar Is Husband Of The Applicant But Wrongly Mentioned In Ordersheet As Father)
... Applicant versus State Of Chhattisgarh Through Police Station Sarswati Nagar, District Raipur (C.G.)
... Non-Applicant For Applicant(s) : Mr. Rohitashva Singh, Advocate. For Non-applicant (s) : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 22.01.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.255/2024 registered at Police Station Sarswati Nagar, District - Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of the B.N.S. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2
2. Prosecution case in brief, is that a complaint was filed against the applicant/accused and others for an offense under Sections 318(4) and 3(5) of the Indian Penal Code 2023. The accused allegedly took over ₹18,00,000/- from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services. On the basis of above, the aforesaid offence has been registered against the applicant along with co-accused.
3. Learned counsel for the applicant submit that the applicant is being falsely implicated in aforementioned offence, though, she has nothing to do with the alleged offence. He further submits that the present applicant is a wife of the co-accused who had taken money from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services. He also submits that the applicant not cheated with the complainants neither received any money by the applicant and also there is no direct or indirect involvement of the applicant in said crime she is the victim of false implication and in the matter main accused is Siddhant Joshi he is director of academy's, but the police have not involve in the present case. He further submits that the applicant is a lady aged about 35 years and has no criminal antecedent. Accordingly, he prays for grant of anticipatory bail to the applicant.
3
4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the accused allegedly took over ₹18,00,000/- from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services. As such, he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, nature of dispute and material available in case diary and further the fact that the the present applicant is a wife of the co-accused aged about 35 years and the co-accused had taken money from various complainants for providing coaching services for competitive exams, but instead closed the coaching institute without providing any services however, in the present case, the main accused is Siddhant Joshi, who is director of academy’s and further the case of the applicant is distinguishable from that case of co-accused thus, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ruby Majumdar, on executing a personal bond with one surety in the like sum to the
4 satisfaction of the arresting Officer, she 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 their adhaar card alongwith a colored 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 Kunal