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2025 DAILYLAW 55046 (CHH)

SMT. NIRMALA TOPPO v. THE STATE OF CHHATTISGARH

MCRCA/650/2025 · 2025-05-04

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Judgment text

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1 2025:CGHC:20494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 650 of 2025 1 - Smt. Nirmala Toppo W/o Shri Fuljens Toppo Aged About 58 Years Occupation - Housewife, R/o Mahapour Para, Ward No.-1, Bhagwanpur Nagar. Ambikapur, Police Station - Gandhinagar, Tahsil - Ambikapur, District - Surguja (C.G.) ... Applicant versus 1 - The State Of Chhattisgarh Through - S.H.O., Police Station - Gandhinagar, Tahsil - Ambikapur, District - Surguja (C.G.) ... Non-applicant For Applicant : Mr. Rishikant Mahobia, Advocate For State : Mr. U.K.S. Chandel, Dy. A.G Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 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. 432/2024 registered at Police Station – Gandhinagar, District- Ambikapur (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 120-B, 34 of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.08 11:40:10 +0530 2 2. As per prosecution story, the FIR dated 19.07.2024 has been lodged against the present applicant alongwith other co-accused persons on the basis of written complaint made at Gandhinagar Police Station, stating that they have cheated the complaint's son namely Nilesh Ekka and daughter namely Roshan Ekka on pretext of providing job to them as Junior Officer in Indian Oil Company and as such they have taken a sum of Rs. 1,79,39,682/- from the complainant. Hence FIR has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the FIR lodged under the circumstances would go to show that the prosecution has failed to prove that the applicant has taken amount from the complainant or his son and daughter on the pretext of providing job. He also submits that there is no documents which shows the alleged amount has been received in the bank account of present applicant and present case only due to his relations with the co- accused Praveen Tigga and it is not sufficient to presume involvement in the alleged offence, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence and looking to the seriousness of the offence and conduct of the present applicant, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant– Smt. Nirmala Toppo filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 432/2024 registered at Police Station – Gandhinagar, District- Ambikapur (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 120-B, 34 of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali