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2025 DAILYLAW 60913 (CHH)

HEERAKALI YADAV @ SAKSHI v. STATE OF CHHATTISGARH

MCRCA/1547/2025 · 2025-12-03

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Judgment text

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1 2025:CGHC:58967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1547 of 2025 • Heerakali Yadav @ Sakshi D/o Shankar Yadav Aged About 25 Years R/o Village- Dhuripara, Post Mangala, Police Station Civil Line, District- Bilaspur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through - Police Station Cyber Cell, Bilaspur, District- Bilaspur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : For Respondent/State : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/12/2025 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending her arrest in connection with Crime No.17/2025 registered at Police Station Cyber Cell Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of BNS. 2. Case of the prosecution, is that the applicant was earlier employee of the Seven Pherery Matrimonial which situated at Ward VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.05 17:48:40 +0530 2 No.2, Batalion Road, Sakari Bilsapur. The said institution is a marriage bureau office and the owner of the office is Sanat Kumar and the registration of the proprietor firm is registered in the name of Sanat Kumar. The registration certificate has also been issued by the Labour Department State of CG and also issued by the Govt. of India, Micro Small and Medium Enterprises in the name of Sanat Kumar. That, Vivek Shankar Pandey posted as Assistant Branch Manager in the HDFC Bank, Koni Bilaspur lodged an FIR on 21.07.2025 at Police Thana Cyber Cell to the effect that bank account holder Sunil Das Manikpuri and Sanat Kumar Kaushik requested before the Bank Officer of concerned Bank for changing the link mobile number of the account. Subsequently, after verification, the Assistant Branch Manager found that the amount of Rs.3,91,000/- has been transferred from some other persons. That, Sanat Kumar is a proprietor of the Seven Pherery Matrimonial Marriage bureau and the applicant was only an employee of the said marriage bureau and there is no name of applicant mentioned in the FIR and there is no specific allegation against the applicant in the entire case. 3. Learned counsel for the applicant submits that the present applicant is innocent and he is falsely implicated by the prosecution in the alleged crime. She would submit thatthe applicant was only an employee of the said marriage bureau and there is no name of applicant mentioned in the FIR and there is no specific allegation against the applicant in the entire case and conclusion of trial will take some time, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that in compliance of the Court’s order dated 10/10/2025, the Investigating Officer has filed his personal 3 affidavit. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 10/10/2025, the Investigating Officer Suresh Pathak has filed his personal affidavit and relevant paragraphs of the affidavit reads as under:- “6.That, the brief description of the case is that, the complainant Vivek Shankar Pandey, Assistant Branch Manager, HDFC Bank, Koni Branch, District Bilaspur has lodged a written complaint before the concerned Police Station to the effect that, on 21.07.2025 at 02:30 PM, the bank account holder of the Branch, Sunil Das Manikpuri whose bank account number is 50100812505022 and bank account holder Sanat Kumar Kaushik, current account number 50200109309802 and saving account number 50100823759230, fraud has been committed by changing the mobile number linked to both the account holders, bank accounts and transferring an amount of Rs. 3.91 Lacs to the account of one Saroja Sonwani. On that basis, the offence punishable under Sections 61 (2), 317 (5), 318 (4), 323 and 111 (4) has been registered and the matter has been taken into investigation. 9.That, during investigation, it was revealed that, the accused applicant Heerakali Yadav @ Sakshi Yadav has opened two offices in Bilaspur in the name of "Shaadi.com" Indian Royal Matrimonial Service and Rishte Point of which, she is the operator/manager. In order to cheat the common people online on the pretext of arranging marriage in the said offices, the accused through her office colleague Saroja Sonwani and others, cheat people online and get the money transferred to the bank accounts. For which, when a bank account is required, the peon of the organization, the accused Avinash @ Chhotu Suryavanshi obtains the bank accounts from the common people by offering them various types of inducements 4 and commissions. The accused Sunil Das Manikpuri and Sanat Kumar Kaushik have been duped by opening an account number 50200109309802 in HDFC Bank, Koni, Bilaspur and transferring the amount of Rs. 3.91 Lacs to it. All the arrested accused have been confessed to carrying out the fraud in connivance with the accused Heerakali Yadav @Sakshi Yadav/present accused applicant. 11.11. That, during investigation, it was revealed that, the accused applicant Heerakali Yadav @ Sakshi Yadav opened a bank account in UCO Bank in the name of her firm namely Sadi.com (Indian Royal Matrimony Service) whose bank account number is 25780210002230 and in the said bank account number, the complainant Sheetal Naresh Chourasiya resident of Gondiya, Police Station Ramnagar, District Gondiya (Maharashtra) has lodged a written complaint on 09.08.2024 in Cyber Portal whose acknowledgement number is 31908240112890 in which, there is transfer of money of Rs. 3500/- and during the period from 04.05.2024 to 16.06.2025, there is transfer of total money of Rs. 20,05,851/-. On the basis of the complaint made in the Cyber Portal, a Crime No. 08/2025 has been registered by the Police Station Range Cyber, Bilaspur against the accused applicant Heerakali Yadav @Sakshi Yadav for the offence punishable under Sections 61, 317 (5), 318 (4), 111 (3) (4) and 323 of the Bhartiya Nyay Sanhita, 2023.” 7. From perusal of the affidavit filed by the Investigating Officer goes to show that the applicant was an employee of the said marriage bureau and involved in the aforesaid offence, hence, this Court does not find it to be a fit case to release the applicant on anticipatory bail. 8. Accordingly, the bail application of applicant Heerakali Yadav @ Sakshi involved in Crime No17/2025 registered at Police Station Cyber Cell Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of 5 BNS, is rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) Chief Justice vaishali