Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:22682
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 738 of 2026 Rita Singh D/o Shri Jagir Singh Aged About 45 Years Constable No. 803, R/o Police Line Durg District Durg Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Police Station Chhawani District Durg
.. Non-applicant(s) For Applicant : Mr. Ankit Pandey, Advocate. For Non-applicant : Mr. S.S. Baghel, Government Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 13.05.2026
1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending her arrest in connection with Crime No.229/2026 registered at Police Station – Chhawani, District- Durg (C.G.) for the offence punishable under Section 420 and Section 34 of IPC. 2. The prosecution story of the present case, in brief, is that the applicant/accused-Rita Singh is serving as a Woman Constable in the Police Department and is presently posted at Police Lines, Durg. The applicant came to know about the registration of the FIR only when the complainant/victim, namely Sonam Sahu, personally KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 visited her residence and informed her that an FIR had been registered at Police Station Chhawani pursuant to a complaint case filed by her. The applicant apprehends that, on the basis of the said complaint, she may be arrested in connection with a non-bailable offence. Thereafter, through her mother, the applicant submitted an application under the Right to Information Act before Police Station Chhawani seeking a copy of the FIR allegedly registered against her; however, till date, no information or copy of the FIR has been supplied by the concerned police authorities. It is submitted that the applicant herself had earlier lodged an FIR at Police Station Chhawani on 12.09.2022 against Pastor Nutan Kumar Chauhan and Ankit Singh alleging that they had dishonestly induced and cheated the applicant as well as several other persons, including Sonam Sahu and Hiralal Sahu, on the false pretext of securing government employment for them. On the basis of the said report, Crime No. 413/2022 was registered at Police Station Chhawani. After completion of trial in Criminal Case No. 2458/2023, the Court of Judicial Magistrate First Class, District Durg (Presided by Mrs.
Anjali Singh) convicted the said accused persons, namely Pastor Nutan Kumar Chauhan and Ankit Singh, for the offence punishable under Sections 420/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years along with fine. In the said case, Sonam Sahu was also one of the victims, similar to the present applicant. Thereafter, Sonam Sahu allegedly started continuously pressurizing and harassing the applicant for return of the amount which had earlier been transferred by Sonam
3 Sahu into the applicant’s bank account at the instance of the aforesaid accused persons in the name of securing a government job. It is alleged that Sonam Sahu repeatedly blackmailed and threatened the applicant to return the said amount and taking advantage of the monetary transactions reflected in the applicant’s bank account, filed a false complaint under Section 156(3) Cr.P.C. by instituting MJC Criminal Case No. 4275/2023 before the Court of Judicial Magistrate First Class. The learned Judicial Magistrate First Class, vide order dated 31.01.2026, directed the Station House OfÏcer, Police Station Chhawani, to conduct investigation into the allegations and submit a report before the concerned Court. Pursuant thereto, Police Station Chhawani registered Crime No. 229/2026 against the present applicant on 15.01.2026 on the basis of the complaint made by Sonam Sahu. 3. It is further submitted that the applicant had preferred a criminal revision against the order passed by the learned trial Court, however, during pendency of the said revision, the complainant Sonam Sahu got the FIR registered on the basis of the complaint proceedings, thereby frustrating the relief sought by the applicant in the revision proceedings. It is further contended that the complainant Sonam Sahu was fully aware of the fact that the original accused persons had already been convicted and that even the police inquiry report in the complaint proceedings had confirmed that the applicant herself had earlier lodged the FIR against those accused persons.
Despite such knowledge and despite the criminal revision preferred by the applicant being pending consideration
4 before the Court of learned 8th Additional Sessions Judge, the complainant proceeded to get the FIR registered against the applicant through Police Station Chhawani on the basis of the complaint proceedings. Hence, this anticipatory bail application. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has neither committed nor participated in any act constituting the alleged offences and has been arrayed as an accused only with a mala fide intention to harass and pressurize her for recovery of money, despite the fact that the applicant herself was a victim of the original fraud committed by the main accused persons, who have already been convicted by the competent Court after full-fledged trial. It is further submitted that the complainant was fully aware of the earlier FIR, investigation and conviction of the principal offenders, yet deliberately suppressed these material facts while initiating the present proceedings and misled the learned Magistrate for obtaining an order under Section 156(3) Cr.P.C. It is argued that the entire case is based upon documentary and oral evidence and no custodial interrogation of the applicant is required, nor is any recovery to be effected from her. He further submits that the applicant is presently serving as a Woman Constable in the Police Department, having clean antecedents and there is no likelihood of her absconding or tampering with the prosecution evidence. It is also submitted that the applicant is ready and willing to cooperate with the investigation and abide by all such terms and conditions as may be imposed by this Court. It is further contended
5 that in the event of her arrest, the applicant would suffer irreparable loss to her reputation, personal liberty and service career, and being the sole earning member of her family, her arrest would seriously prejudice the future and livelihood of her dependents.
Hence, it is prayed that the present application for anticipatory bail be allowed in the interest of justice. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the allegations levelled against the applicant are serious in nature and the applicant is involved in the commission of the alleged offence. It is further submitted that the investigation is still in progress and therefore, no case for grant of anticipatory bail is made out at this stage. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, the material available on record and upon perusal of the case diary, this Court finds that the present applicant is a serving Woman Constable posted at Police Lines, Durg and has no criminal antecedents. It also appears that the applicant herself had earlier lodged an FIR against the main accused persons, namely Pastor Nutan Kumar Chauhan and Ankit Singh, alleging cheating on the false promise of securing government employment, pursuant to which Crime No. 413/2022 was registered at Police Station Chhawani for offence punishable under Section 420, 34 of IPC and after due trial, the said accused persons have already been convicted by the competent Court. 6 From the record, it further appears that the present complainant Sonam Sahu was also one of the victims in the said case and was fully aware of the earlier criminal proceedings as well as the conviction of the main offenders. 8. At this stage, the allegations against the present applicant primarily arise out of monetary transactions which allegedly took place through the bank account of the applicant at the instance of the main accused persons.
The case of the prosecution is substantially based upon documentary and oral evidence, which is already available with the investigating agency and no custodial interrogation of the applicant appears necessary. Further, considering the fact that the applicant is a lady constable thus, without commenting anything on the merits of the case, but taking into consideration the overall facts and circumstances of the matter, this Court is of the considered opinion that the applicant has made out a fit case for grant of anticipatory bail. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Rita Singh, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on anticipatory 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. 7 (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 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) She shall not involve herself in any offence of similar nature in future. Sd/-
Sd/-
(Ramesh Sinha)
Chief Justice Kunal