Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 14534 (CHH)

SWATI JHA v. STATE OF CHHATTISGARH

MCRCA/1977/2025 · 2026-01-05

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1977 of 2025 Swati Jha, Aged About 28 Years D/o Late Shyama Kant Jha Designated As Branch Manager, Having Permanent Address At- Dewangan Para, Korba Town, Tehsil And District- Korba (C.G.) 493996. ... Applicant versus State Of Chhattisgarh Through- Arakshi Kendra, Chhura, District- Gariyabandh (C.G.) ... Respondent For Applicant : Shri Saurabh Jain, Advocate (through VC) and Shri Ayush Verma, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/01/2026 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.172/2025 registered at Police Station –Arakshi Kendra, Chhura, District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:59 +0530 2 Gariyabandh (C.G.) for the offences punishable under Sections 314, 316(5), 3(5) of B.N.S. 2. As per the prosecution story, the complainant Shashikant Agrawal (Proprietor of Jai Shree Shyam Trader) lodged a written complaint at the Arakshi Kendra Chhura, stating that complainant is holding an account in Axis Bank Chhura in the name of his firm Jai Shree Shyam Trader. On 04/09/224, the complainant has filled an RTGS form, for the transfer of amount of Rs.6,50,000/- in the account of one Dhaneshwar Prasad Dewangan vide Account No. 87480100003142 held at Bank of Baroda Chhura. 2(i)It is further case of the prosecution that the Branch Manager Axis Bank Chhura (the applicant in the instant bail application) had without verifying the name of the beneficiary (Dhaneshwar Prasad Dewangan) to the Account No.87480100003142, has transferred the amount in the Account No. vide 67480100003142 held at Bank of Baroda bearing IFSC Code No. BARBOVJHAVO. It is alleged that the said act of the Branch Manager (applicant) thereby transferring amount of Rs.6,50,000/-in Account No. vide 67480100003142, is filled with dishonest intention to benefit one Huchappa D.C. 2(ii)It is further alleged that the accused No.1 Huchappa D.C. had utilized that money for his own benefit, even knowing/being aware that the said amount is not meant for him and has been wrongly credited in his account. 2(iii) Based on above allegations, eventually after the direction of Chief Judicial Magistrate Gariyabandh vide order dated 10/11/2025, an FIR No. 172/2025 was registered under sections 314, 316(5), 3(5) of 3 Bharatiya Nyaya Sanhita, 2023, against accused No.1 Huchappa DC and Accused No.2 Branch Manager Axis Bank Chhura (the applicant in the instant case) on 10/11/2025. 3. Learned counsel for the applicant submitted that the applicant was the Branch Manager of the concerned bank and it is stated that the amount which was to be deposited in the account of the beneficiary has been wrongly deposited in other account but when the said fact was brought to the knowledge of the applicant, the same has been remitted back to the account of the complainant, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant, further the fact that amount has been remitted back to the account of the complainant, applicant being a lady, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Swati Jha, 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 shall not directly or indirectly make any 4 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 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 their 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 shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri