1 2025:CGHC:53426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1670 of 2025 • Smt. Jayanti Nayak W/o Late Shri Prabhat Nahak Aged About 42 Years Caste- Kurmi, R/o Ward No. 18, Manendragarh, Police Station And Tahsil Manendragarh, District M.C.B. (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Baikunthpur, District Koriya (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajkumar Pali, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.257/2025 registered at Police Station – Baikunthpur for the offence punishable under Sections 318 (4), 3(5) of BNS. 2. The prosecution story, in brief, is that the complainant has lodged the report and stated that, in the year 2021-22 the person namely Prabhat, Nahak (Husband of the applicant) had received the amount of Rs. 7,50,000/- each from the complainant Umesh Kumar Sahu and his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:25 +0530 2 relative namely Rajkumari and Mukesh Sahu in the name of getting a job through the Ministry and made him talk to a person named Ganesh and also provide the bank account no. 309752863021 of his brother Pramod Nahak, thereafter the victims were going to Kolkata for medical fitness in that place the victim were meet with one Rahul who has also cheated them and till 6-7 months they were deposited amount in the bank account which was provide by Prabhat Nahak, in between the Prabhat Nahak again received amount of Rs. 3,00,000/- from one Jaiprakash Sahu in the name of getting job in the forest department, thus a total of Rs. 25,10,000/- given by the victims to the Prabhat Nahak and Pramod Nahak, but they have not provide the job then made the complaint to the police on this basis the crime has been registered. As per allegation against the applicant is that she along with her husband has purchased land from the cheated amount at Bishrampur, Bilaspur and Manendragarh and after death of her husband (Prabhat Nahak) in the year 2023 the applicant has purchased the land from the cheated amount, on this basis the applicant made as an accuse in this case and the matter is under investigation, an anticipatory bail application filed by the applicant has been rejected by the learned court below. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is submitted that applicant is a wife of the deceased accused namely Prabhat Nayak and just after his death the applicant falsely implicated in crime in question and she had not aware about the facts nor cheated any person nothing received any amount from the complainant in any manner, and also applicant has no role in the entire case. He further submits that applicant is a lady aged about 42 years old and residing 3 with her two minor children. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, submissions made by learned counsel for the partied and considering the fact that applicant is a wife of the deceased/ main accused namely Prabhat Nayak, who committed fraud with the complainant and committed suicide by hanging, and present applicant had no knowledge about the said fraud, further applicant is a lady aged about 42 years old and residing with her two minor children, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Jayanti Nayak on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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 him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on 4 each and every date given to him 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)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali