Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:50938
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1577 of 2025 Priya Deshmukh W/o Prashant Deshmukh Aged About 40 Years R/o Street No. 5, Zone 2, New Adarsh Nagar, Ward No. 52, Durg, District - Durg Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through District Magistrate, Durg, District - Durg Chhattisgarh ...Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 13.10.2025
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 his arrest in connection with Crime No. 286/2025 registered at Police Station – Padmnabhpur, District – Durg (C.G.) for the offences punishable under Sections 420, 467, 468, 34 of the Indian Penal Code (for short IPC). 2. The prosecution case is that the complainant, Akriti Sharma, a college student, alleged that her neighbour, Priya Deshmukh, along with her associate Rajat Kumar Gupta, deceived her and her parents by falsely VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.14 11:18:21 +0530
2 promising a government job and luring them with profit schemes, thereby misappropriating Rs. 14,00,000/- and 16 tolas of gold ornaments. The accused persons assured the complainant of confirmed appointment as a Food Inspector, provided fake appointment letters with forged signatures, and repeatedly postponed the joining date, failing to return the money or gold. When confronted, the accused refused to refund the amounts and abused the complainant. Based on this report, Police Station Padmanabhpur, District Durg, registered FIR No. 286/2025 under Sections 420, 467, 468, and 34 of the IPC, and the matter is under investigation. 3. The applicant submits that she is innocent and has been falsely implicated in the present case, having neither committed nor participated in any act constituting the alleged offences. The FIR was lodged after an inordinate delay, without any explanation, and without conducting a preliminary enquiry, in violation of the guidelines of the Hon’ble Supreme Court, and no specific date or time of the alleged incident has been mentioned. The allegations relate primarily to financial transactions and documentary evidence, which can be effectively investigated without custodial interrogation, and no incriminating material is pending recovery from her possession. The repeated transactions over several months indicate the possibility of a civil dispute rather than a criminal offence.
The offences alleged are mostly bailable, and there is no prima facie evidence directly linking her to the alleged forgery, while the co-accused has already been granted anticipatory bail. The investigation is at a nascent stage, and custodial interrogation is unnecessary, as arrest would amount to pre- trial punishment violating her right to liberty under Article 21. The
3 applicant has no prior criminal record, poses no risk of absconding, is a woman and the sole breadwinner for her family, and is a reputed member of society, deserving lenient treatment under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She is willing to cooperate fully, furnish adequate surety, and abide by all conditions of the Court, while reserving her right to raise additional grounds and submit documents at the hearing, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that two cases have been registered against the applicant, and in one case applicant has already been granted anticipatory bail by this Court in MCRCA No. 1265 of 2025 vide order dated 20.08.2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Priya Deshmukh, on executing a personal bond and one surety 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
4 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