1 2026:CGHC:22678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 743 of 2026 Smt. Gesmoti Patel Wife Of Shri Sushil Patel Aged About 60 Years Resident Of Ward No. 1, Near Akashwani, Virendra Nagar, Saraipali, Police Station Saraipali, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through- The Station House OfÏcer, Out Post Bhanwarpur, Police Station Basna, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Kanwar Lal Sahu, Advocate For Non-applicant/State : Dr. Sourabh Kumar Pande, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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. 89/2026 registered at Out Post Bhanwarpur, Police Station Basna, District- Mahasamund, (C.G.) for the offence punishable under Sections 318(4), 3(5) for the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief is that the complainant namely Smt. Usha Patel, who is presently serving as the National President of Akhil Bhartiya Aghariya Samaj, a registered society RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 bearing Registration No. 8447, lodged a complaint alleging that the present applicant along with five other former ofÏce-bearers of the said society committed financial irregularities in relation to the construction work of Shri Krishna Dham Mandir situated at Village Paita, Basna, by preparing forged and fabricated bills/vouchers and thereby embezzling donation amounts collected from members of the society, totaling Rs.82,25,347.72/-. It is alleged that the complaint was initially submitted before Chowki Bhanwarpur on 10.12.2025, however, no FIR was registered by the police authorities. Thereafter, the complainant preferred a complaint petition under Section 173(4) read with Section 175(3) of the BNSS before the learned JMFC, Basna, who vide order dated 26.02.2026 directed registration of FIR, pursuant to which Crime No. 089/2026 came to be registered on 28.02.2026 against the accused persons. Apprehending arrest in connection with the aforesaid crime, the present applicant has preferred this application for grant of anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives and a premeditated conspiracy at the instance of the complainant. It is further submitted that no material has been collected during investigation to show the direct involvement of the applicant in the alleged offence and that the allegations levelled against her are baseless in nature. It is also submitted that the applicant has no previous criminal antecedents. It is also contended that the bail application of the similarly situated co-accused person, 3 namely, Dwarika Prasad Patel has already been granted anticipatory bail vide order dated 23.04.2026 passed in MCRCA No. 466/2026 and co-accused persons namely, Bhuwneshwar Prasad Patel, Harprasad Chaudhary and Gopal Nayak have already been granted anticipatory bail vide orders dated 02.04.2026 passed in MCRCA No. 489/2026, copies whereof have been filed collectively as Annexure A-3, and therefore, on the ground of parity also, the present applicant is entitled to the benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, further the fact that the bail application of the similarly situated co-accused person, namely, Dwarika Prasad Patel has already been granted anticipatory bail vide order dated 23.04.2026 passed in MCRCA No. 466/2026 and co-accused persons namely, Bhuwneshwar Prasad Patel, Harprasad Chaudhary and Gopal Nayak have already been granted anticipatory bail vide order dated 02.04.2026 passed in MCRCA No. 489/2026. Therefore, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is also entitled to be granted anticipatory bail in this case on the ground of parity. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Gesmoti Patel 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) 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 her 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 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) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan