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2025 DAILYLAW 55101 (CHH)

MUNGESHRI BANJARE v. STATE OF CHHATTISGARH

MCRCA/1607/2025 · 2025-10-15

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:51734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1607 of 2025 Mungeshri Banjare D/o Akbardas Banjare, Aged About 48 Years R/o Swami Vivekannand Colony, Bazar Road, District Jashpur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur (C.G.) ...Non-applicant For Applicant : Mr. Aishwary Diwan, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 377/2025 registered at Police Station – Arang District – Raipur (C.G.) for the offences punishable under Sections 420 of 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 promising a government job and luring them with profit schemes, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:42 +0530 2 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, the applicant is a 45-year-old unmarried woman, the sole earning member of her family, and her aged parents are dependent upon her. The applicant is a government employee serving as Assistant Grade-II at Tehsil Farsa Bahar, District Jashpur (C.G.). It is an admitted fact before the learned court below that the applicant has already returned the money to the complainant on various dates through cheques, and the complainant has also filed a non-objection before the court below. There is no transaction from the complainant’s account to the account of the applicant, and the FIR lodged after an inordinate delay of about three years from the alleged incident clearly raises doubts about the veracity of the prosecution story. Furthermore, the complainant knowingly gave money for securing a railway job, despite being aware that such an act is illegal. Hence, the essential ingredients of Section 420 of the L.P.C. are not attracted in this case, and the applicant has no involvement in the alleged offence. The applicant reserves her right to raise additional grounds and submit further documents at the time of arguments. She 3 is a permanent resident of the address mentioned in the cause title, and there is no likelihood of her absconding or tampering with evidence. The applicant is ready to furnish adequate surety and undertakes to abide by all conditions imposed by this Hon’ble Court, 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. Learned counsel for the objector has raised no objection to grant of anticipatory bail to the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and further, the fact that the complainant and the present applicant has already been compromised the matter and that no objection has been raised by the complainant, therefore, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mungeshri Banjare, 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 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. 4 (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