SUSHRI VIJAYLAXMI TAMRAKAAR v. STATE OF CHHATTISGARH
MCRCA/131/2026 · 2026-01-27
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2836 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2836 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4733
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 131 of 2026 Sushri Vijaylaxmi Tamrakaar D/o Shri B.L. Tamrakaar, Aged About 49 Years R/o Ward No. 03, Sanjay Nagar, Supela Bhilai, District Durg Chhattisgarh Currently R/o At Dauchaura Ward 17, Khairagarh, District Khairagarh- Chuikhadan-Gandai Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through S.H.O., Police Station Mohla, District Mohla- Manpur-Ambagarh Chowki Chhattisgarh ... Respondent For Applicant : Mr. Abdul Wahab Khan, Advocate. For Non-applicant/State : Ms. Anusha Naik, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 28.01.2026
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 126/2025 registered at Police Station Mohla, District Mohla-Manpur-Ambagarh Chowki Chhattisgarh for the offence punishable under Section 308(2) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:04 +0530
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2. The prosecution story, in brief, is that the applicant submitted applications under the Right to Information Act, 2005 seeking inspection and review of office and registration records of Hostel/Ashram Superintendents before the Assistant Commissioner, Tribal Development Department, District M-M-A, pursuant to which she inspected the records of five Hostel/Ashram Superintendents. It is alleged that thereafter the applicant threatened the said Superintendents by asserting that their registrations and records were false and that they could lose their jobs and face criminal proceedings, and on the basis of such intimidation and coercion, demanded and collected amounts of Rs. 3,000/- from several Superintendents, thereby allegedly collecting a total sum of Rs. 1,68,000/-. On these allegations, an FIR has been registered against the applicant and the police are attempting to arrest her, though it is contended that the said FIR has been lodged pursuant to a conspiracy with mala fide intention and due to personal grudge.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case It is submitted that the applicant is an innocent person and has been falsely implicated in the present case pursuant to a conspiracy aimed at harassing and humiliating her. The applicant is a 49-year-old woman who earns her livelihood by selling food supplements and has no criminal background. She had merely exercised her statutory right by filing an application under the Right to Information Act; however, when the complainant failed to supply the information within the stipulated period, the complainant, in order to shield himself, allegedly deposited money into the applicant’s account and thereafter lodged a false and motivated
3 FIR. The allegations levelled against the applicant are vague, generalized and unsupported by any independent or corroborative evidence, and the offence has been registered with mala fide intention on account of personal grudge. It is further submitted that the alleged offences are triable by a Judicial Magistrate First Class and are not punishable with death, life imprisonment or imprisonment exceeding ten years. The applicant is a permanent resident of the address mentioned above, there is no likelihood of her absconding or interfering with the course of justice, and in the event of her arrest she would be subjected to severe physical and mental hardship; therefore, she is entitled to the relief of anticipatory bail and is ready to furnish adequate security and abide by all conditions as may be imposed by this Hon’ble Court, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking into account that the applicant is a lady and has no previous criminal antecedents, this Court, without expressing any opinion on the merits of the case, is inclined to grant anticipatory bail to the present applicant. 4
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Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sushri Vijaylaxmi Tamrakaar, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he 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 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) she shall not involve herself in any offence of similar nature in future. Sd/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav