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2026 DAILYLAW 30748 (CHH)

KANIJA BEGUM v. THE STATE OF CHHATTISGARH

MCRCA/1375/2026 · 2026-08-19

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1 CGHC010321832026 2026:CGHC:37443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1375 of 2026 Kanija Begum W/o Abdul Samad Aged About 62 Years R/o Near Ramdevji Chabutara Bhisti Mohalla, P. S. Gandhnagar District Kishangarh, Rajasthan. ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station City Kotwali, Balodabazar, District Baloda Bazar C. G. ... Non-Applicant For Applicant : Shri Lakhan Singh Bhadoriya, Advocate. For Non-Applicant : Shri Sumit Singh, Deputy AG. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20/08/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.307/2025 registered at Police Station – City Kotwali, Balodabazar District – Balodabazar (C.G.) for the offence KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.21 18:37:59 +0530 2 punishable under Sections 318 (4), 316 (2), 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that on 26.3.2025 complainant, Ramchandra Vastrakar, lodged an F.I.R. against the applicant and her husband and others accused, stating therein that he works in HDFC Bank. On 23/07/2024, the applicant along with other accused persons came to his home at Baloda-bajar and induced him for investment. During the period from 23.07.2024 to 19.10.2024, he was cheated of a sum of Rs.8,06,640/- by the accused persons, who operated a company named VIP Trade, on the pretext of investing money with the assurance that the complainant would receive a monthly interest of 10- 12%. Based on the written complaint, a case was registered and an investigation was initiated. During the course of investigation, it was revealed that certain co- accused persons were already lodged in Central Jail, Ajmer (Rajasthan) in connection with another criminal case registered at Gandhinagar Police Station, District Ajmer, for offences under Sections 406, 420, 384 and 120- B of the Indian Penal Code and other allied offences. After obtaining production warrants from the competent Court, the investigating agency secured their custody, recorded their memorandum statements after obtaining police remand, and arrested them in the present case. Upon completion of investigation, Final Report No.158/2026 dated 28.03.2026 was filed before the learned Chief Judicial Magistrate, Balodabazar 3 under Section 335 of the Bharatiya Nagarik Suraksha Sanhita, 2023, showing the present applicant and two other co-accused persons as absconding. Charge sheet has been filed against the others accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is delay in lodging the FIR inasmuch as the incident took place between 23.7.2024 and 19.10.2024 whereas the FIR was lodged on 26.3.2025. Moreover, husband of the applicant has already been released on bail by the trial Court and the applicant does not have any criminal antecedent, and therefore the applicant may also be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that there is delay in lodging the FIR inasmuch as the incident took place between 23.7.2024 and 19.10.2024 whereas the FIR was lodged on 26.3.2025, husband of the applicant has already been released on bail by the trial Court and the applicant does not have any criminal antecedent, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that 4 in the event of arrest of the applicant – Kanija Begum, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, she shall be released on bail on the following conditions:- (a) She should not directly or indirectly make any 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) She should not act in any manner which will be prejudicial to fair and expeditious trial. (c) She should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She should not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve