Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 48371 (CHH)

ANUPAMA SINGH v. STATE OF CHHATTISGARH

MCRC/8610/2025 · 2025-10-29

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:53000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8610 of 2025 Anupama Singh D/o Late Ganesh Pratap Singh Aged About 45 Years, Occupation Beautician R/o Patparia (Bishunpur) Ambikapur, P.S. Gandhi Nagar, Tahsil Ambikapur, District – Surguja, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Police Station Ambikapur Dehat (Gandhi Nagar), Ambikapur, District Surguja, Chhattisgarh ... Non-Applicant For Applicant : Mr. Goutam Khetrapal and Mr. Vishal Sahu, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 423/2025 registered at Police Station – Ambikapur Dehat (Gandhi Nagar), Ambikapur, District Surguja (C.G.) for the offence punishable under Section 4 of Chhattisgarh Debtors Protection Act, 1937 and Sections 296, 61B, 338 and 339 of Bharatiya Nyaya PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.31 10:51:18 +0530 2 Sanhita, 2023. 2. As per the case of the prosecution, the F.I.R. regarding the incident was lodged by Smt. Alka Singh in respect of the events alleged to have taken place between 07/07/2023 and 11/06/2025. The F.I.R. was lodged on 26/07/2025, inter alia, on the allegations that the applicants are moneylenders and have committed an offence under Section 4 of the Chhattisgarh Debtors Protection Act, 1937. It has been alleged that the complainant had borrowed a sum of Rs.13,00,000/- from Anupama Singh, out of which Rs.11,82,000/- has already been repaid. However, Anupama Singh is now demanding an additional Rs.18,00,000/-. It has further been alleged that, for the payment of the said amount, the complainant is being harassed. It is also alleged that six blank cheques signed by the complainant and her husband were used for the said transaction and have been misused. Furthermore, it has been alleged that a forged agreement was executed, and the complainant has denied her signature on the said agreement. It is further alleged that the blank cheques were issued for the recovery of an amount of Rs.30,00,000/-. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the complainant had borrowed money from the applicant, and the applicant has already filed a complaint under Section 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate, Ambikapur, District Surguja. The said complaint was filed in the month of June, 2025. He also 3 submitted that the applicant is a lady with two children. Furthermore, the applicant and the complainant are close relatives, and due to a monetary dispute between them, the complainant has lodged a false report against the applicant. It has also been submitted that the applicant has no previous criminal antecedents and has been in judicial custody since 09.10.2025. As the trial is likely to take considerable time for its conclusion, the learned counsel prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has not been filed in the present case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant is a lady and she has no previous criminal antecedent, and the applicant is in jail since 09.10.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant - Anupama Singh, involved in Crime No. 423/2025 registered at Police Station – Ambikapur Dehat (Gandhi Nagar), Ambikapur, District - Surguja (C.G.) for the offence punishable under Section 4 of Chhattisgarh Debtors Protection Act, 1937 and Sections 296, 61B, 338 and 339 of Bharatiya Nyaya Sanhita, 2023, be released on 4 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 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) 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti