Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8171
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 235 of 2025 Ranjana Ashikar W/o Vijay Kumar Ashikar Aged About 28 Years R/o 195 Kera Road Para Atal Chowk Mudpar Post Kanasada Sub District Nawagarh District - Janjgir - Champa (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Shivrinarayan District - Janjgir - Champa (C.G.)
... Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 17.02.2025
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. 05/2025 registered at Police Station – Shivrinarayan District - Janjgir - Champa, (C.G.) for the offences punishable under Sections 420 and 34 of the Indian Penal Code, 1860.
2. As per the prosecution’s case, in brief is that the applicant is alleged to be the holder of a bank account in which Rs. 2,61,600/- was transferred by the complainant for securing the post of Zone RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.18 11:24:48 +0530
2 Commissioner at the Municipal Corporation, Bilaspur, based on assurances given by co-accused Vijay Kumar Ashikar, who is also the applicant’s husband. It is further alleged that Vijay received Rs. 20,63,499/- in his bank account, while another co-accused, Mansharam, the applicant’s father-in-law, took Rs. 2,00,000/- in cash from the complainant. In total, the accused persons allegedly took Rs. 25,25,399/- from the complainant for securing the said post. Later, the main accused, Vijay, issued a forged appointment letter, which the complainant discovered upon attempting to join the ofÏce. Based on these allegations, an FIR was registered.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant is a home-maker lady whose bank account was being operated by her husband who is also a co- accused in the present case and the present applicant is not at all aware about any fraudulent transaction made in her account. He further submits that whole family of the applicant has been implicated in the present case in order to give criminal color to a civil dispute. He also submits that the present applicant is having a small kid of about 4 years who is suffering from difÏcult health condition of head pain due to which he goes though episodes of epilepsy very frequently, and also there is no criminal antecedents against the applicant. 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 submission made by the learned
3 counsel for the applicant and submits that the applicant’s bank account received Rs. 2,61,600/- from the complainant for securing the post of Zone Commissioner at the Municipal Corporation, Bilaspur, based on assurances from co-accused Vijay Kumar Ashikar, the applicant’s husband. Vijay allegedly received Rs. 20,63,499/- in his account, while Mansharam, the applicant’s father-in-law, took Rs. 2,00,000 in cash. In total, Rs. 25,25,399/- was taken from the complainant, and Vijay later issued a forged appointment letter, which the complainant discovered upon attempting to join, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the though the applicant’s bank account received Rs. 2,61,600/- from the complainant for securing the post of Zone Commissioner at the Municipal Corporation, Bilaspur, but the applicant is the wife of the co-accused Vijay Kumar Ashikar, and he allegedly received Rs. 20,63,499/- in complainant’s account, while Mansharam, the applicant’s father-in-law, took Rs.
2,00,000 in cash, the said act was attributed to co-accused Vijay Kumar Ashikar, further the case of present applicant is distinguishable from that of the co-accused, who committed the said fraud, the applicant is a woman and has no criminal antecedents, therefore, I am inclined to grant anticipatory bail to the applicant,
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ranjana Ashikar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she 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. (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 her 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 Rahul Dewangan