1 CGHC010317212026 2026:CGHC:36651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1337 of 2026 Smt. Pushpanjali Rathore W/o Shri Jaikumar Rathore Aged About 58 Years R/o Village Maldi, Police Station Malkharauda, District Sakti (C.G.), Presently Residing At Village And Post Nimdha, Development Block Marwahi, District Gaurela-Pendra-Marwahi, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Baradwar, District Sakti, Chhattisgarh. ... Non-Applicant For Applicant : Miss Mamta Gendle, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/08/2026 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.282/2026 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable under Sections KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.18 18:58:24 +0530 2 112, 318 (4) & 61 (2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that complainant Moolchand Rathore, S/o Shri Dhaniram Rathore, submitted a written complaint before the Station House Officer, Police Station Baradwar, District Sakti, on the basis of which Crime No. 282/2026 under Sections 112, 318(4), 61(2) BNS, 2023 was registered on 04.08.2026. As per the FIR, about 10 months prior to lodging of the FIR, co- accused Rekha Rathore, resident of Village Maldi presently residing at Village Bandhi, District Gaurela- Pendra-Marwahi, approached the complainant and representing that she worked in a bank, induced him with the prospect of profit through a scheme relating to renewal of gold loans and extension of the loan period. The FIR further alleges that a few days thereafter, the Applicant, who is the mother of co-accused Rekha Rathore, visited the complainant's house and told him to trust her daughter and invest money, assuring him that she would take responsibility for the same. As per the FIR, between 31.10.2025 and 30.04.2026, the complainant transferred a total amount of Rs.1,05,17,500/- through UPI, NEFT, RTGS and IMPS into various bank accounts standing in the names of co-accused Rekha Rathore, Afroz Khan, Subhash Sahu and their family members. It is alleged that Rs.12,89,000/- was thereafter returned by Rekha Rathore and Rs.2,00,000/- by Afroz Khan, leaving an alleged outstanding balance of Rs. 90,28,500/-. As per the prosecution, about a month prior to lodging of the FIR, the 3 Applicant again visited the complainant's house and asked him to pay a further sum of Rs.12,00,000/-, assuring him that co-accused Rekha Rathore would thereafter return the balance amount of Rs.90,28,500/-. Thereafter the FIR came to be registered against the applicant and other 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 on account of being the mother of co-accused Rekha Rathore. The applicant denies the commission of any offence as alleged in the FIR. As per the FIR itself, no part of the amount alleged to have been transferred by the complainant was ever received into any bank account belonging to the Applicant. All the alleged transactions are shown to have been made into the accounts of co-accused Rekha Rathore, Afroz Khan, Subhash Sahu and their family members. The alleged transaction is essentially a matter between the complainant and co-accused Rekha Rathore, Afroz Khan and Subhash Sahu. The entire money trail as disclosed in the FIR runs to their accounts, and no direct or indirect pecuniary benefit is shown to have been derived by the applicant. Only two isolated instances are attributed to the applicant in the FIR namely, persuading the complainant to trust her daughter and invest money, and subsequently asking him to pay a further sum of Rs.12,00,000/-. These bare allegations, without more, do not disclose any dishonest inducement or overt act on the part of the 4 Applicant sufficient to make out the ingredients of Sections 112 and 318(4) of the BNS. Section 61(2) BNS relating to criminal conspiracy requires a meeting of minds and an agreement to commit an offence. No material particulars of any such agreement or active participation by the Applicant, beyond her relationship as mother of co-accused Rekha Rathore, have been set out in the FIR. No money trail, bank transaction, UPI transaction, cash receipt, recovery of any amount or any other financial material has been shown against the applicant. Therefore, the applicant 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 the applicant is the mother of co-accused Rekha Rathore and as per the FIR, no part of the amount alleged to have been transferred by the complainant was ever received into any bank account belonging to the applicant whereas all the alleged transactions are shown to have been made into the accounts of co-accused Rekha Rathore, Afroz Khan, Subhash Sahu and their family members, 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 5 in the event of arrest of the applicant – Smt. Pushpanjali Rathore, 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