1 2026:CGHC:7666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.219 of 2026 Smt. Hemlata Sahu W/o Shri Bikram Lal Sahu Aged About 64 Years R/o Ward No. 03, Ware House Road, Mahamaya Vihar, Bilaspur, Police Station Civil Lines, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Seepat, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Surfaraj Khan, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A For Complainant : Mr. Sumit Singh Rathore, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.12 16:40:46 +0530 2 the Applicant, who is apprehending her arrest in connection with Crime No.14/2026 registered at Police Station – Seepat District - Bilaspur, (C.G.) for the offence punishable under Section 420/34 IPC. 2. According to the prosecution, the complainant Smt. Parvati Kesarwani, along with other beneficiaries, had been regularly depositing small monthly savings in the names of their daughters and family members with Sakhi Credit Cooperative Society Limited (Sakhi Bank), Masturi, District Bilaspur, through agent-cum-accused Hemlata Sahu since the year 2012. It is alleged that the complainant deposited a sum of Rs.27,000/- in the accounts of her daughters and in a similar manner, an aggregate amount of Rs.3,13,883/- was collected from several other villagers; however, the deposited amounts were not returned. On the basis of a written complaint, Crime No.14/2026 was registered at Police Station Sipat for the offences punishable under Section 420/34 of the IPC against the Applicant and other accused persons. During the course of investigation, bank account registers pertaining to the relevant years, passbooks and deposit slips were seized and co-accused Aarti Jangde was arrested on 07.01.2026. Hence, this anticipatory bail application has been filed by the present Applicant. 3 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is contended that Sakhi Credit Cooperative Society Limited, Bilaspur, was duly established under the provisions of the Chhattisgarh Cooperative Societies Act, 1960 and by order dated 22.12.2023 passed by the Office of the Deputy Registrar, Cooperative Societies, Bilaspur, a liquidator has been appointed under Section 70 of the said Act, whereafter the entire management, banking transactions and credit regulation of the Society are being controlled by the liquidator, and therefore, no act of embezzlement can be attributed to the Applicant, who was merely serving as the President of the Society and against whom no specific criminal role is made out. Learned Counsel further submits that there is no material available on record to establish any dishonest intention or mens rea on the part of the Applicant, which is an essential ingredient for constituting an offence under Section 420 of the IPC. It is also submitted that the Applicant is a 64- year-old woman who has recently undergone surgery on her left leg and was discharged from Sri Narayana Hospital, Raipur on 04.01.2026 and her arrest would seriously prejudice her health and recovery. It is further contended that 4 the entire case is based on documentary evidence and admitted financial transactions, no custodial interrogation is required, and the Applicant’s arrest would amount to punitive action rather than a necessity of investigation, therefore, she deserves to be granted the benefit of anticipatory bail. 4. Opposing the prayer for anticipatory bail, it is submitted on behalf of the State that the allegations pertain to collection and alleged misappropriation of money deposited by the complainant and other villagers in the Cooperative Society, thereby prima facie attracting the offences under Section 420/34 of the IPC. It is contended that the Applicant, being the President of the Society at the relevant time, was responsible for its affairs and financial dealings and the material gathered during investigation indicates her involvement in the alleged offence. The contention regarding liquidation of the Society and absence of dishonest intention are matters to be tested during trial and custodial interrogation may still be necessary for a proper and effective investigation. Hence, the Applicant is not entitled to the discretionary relief of anticipatory bail. 5. Learned Counsel appearing the complainant also vehemently opposes the prayer for grant of anticipatory bail. 5 6. Having considered the rival submissions and upon perusal of the case diary and material available on record, this Court finds that the Applicant is a 64-year-old woman who was serving as President of the concerned Cooperative Society and that subsequent to the order dated 22.12.2023 passed by the competent authority, the affairs and financial transactions of the Society are stated to be under the control of the liquidator. The allegations primarily arise out of financial dealings reflected in documentary records and the questions relating to dishonest intention and individual liability would require appreciation of evidence during trial. At this stage, taking note of the Applicant’s age, medical condition, absence of criminal antecedents, the documentary nature of the evidence and the fact that custodial interrogation does not appear imperative, this Court is of the opinion that the Applicant can be granted the benefit of anticipatory bail without adversely affecting the course of investigation. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Smt. Hemlata Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The applicant/s shall not directly or indirectly 6 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her/him/them from disclosing such fact to the Court. (b) The applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant/s shall appear before the trial Court on each and every date given to her/him/them by the said Court till disposal of the trial. (d) The applicant/s 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) The applicant/s shall not involve herself/himself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Priya