1 CGHC010329032026 2026:CGHC:38175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1407 of 2026 Rajani Seth W/o Rajesh Seth Aged About 40 Years R/o Vinayka Heights, Near Tarbahar Under Bridge, Police Station - Tarbahar, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Tarbahar, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Shri Sushil Dubey, Advocate. For Non-Applicant : Ms. Anusha Naik, Deputy GA. For Objector : Shri Hari Om Rai, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2026 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.230/2026 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 14:05:06 +0530 2 Sections 420 & 34 of the IPC. 2. The prosecution story, in brief, is that complainant Chandrika Prasad Kushwaha entered into an agreement in the year 2016 with Rajesh Seth and the present applicant Rajni Seth for purchase of Flat No. 402, Vinayaka Heights, for a consideration of Rs.30,00,000/-. The complainant obtained a housing loan through the concerned Cent Bank and the flat was registered in his favour on 18.02.2017. It is alleged that the flat was to be completed within one year, but the construction was not completed. The complainant further alleges that in the year 2019 he came to know about the proceedings of Bank of Baroda in respect of the property and thereafter certain remaining loan amounts were disbursed by the concerned bank officials to the builder. It is further alleged that there were irregularities in the documents and building plan of the property. When the complainant failed to repay the load amount and the bank took the symbolic possession in the month of January, the complainant submitted a written report against the applicant as well as the officials of Cent Bank. On the basis of the said allegations, the present Crime No. 230/2026 has been registered on 11.07.2026 under Sections 420 and 34 of the Indian Penal Code against the applicant and other accused persons i.e Rajesh Seth applicant's husband, Shashibhushan Karn Branch Manager Cent Bank, Aparna Biswas- allegedly involved in the search/verification and disbursement process, Nitin Nigam - allegedly involved in 3 verification of the property documents, Jolly B. Philips- allegedly approved the first and second disbursement of loan amount. 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 the applicant is a lady aged about 40 years having two children and is totally innocent and has been falsely implicated in the present case arising out of a long-standing civil dispute concerning Flat No. 402, Vinayaka Heights, and there is no material demonstrating that the applicant had any dishonest or fraudulent intention at the inception of the transaction so as to constitute the offence punishable under Section 420 of the Indian Penal Code. It is evident from the face of the allegations that the transaction pertains to the year 2016-2017 (as mentioned in FIR dated 23.11.2016) whereas the present FIR has been lodged only on 11.07.2026 after an unexplained delay of almost ten years, and even according to the prosecution version the complainant had knowledge of the alleged dispute since 2019, and therefore such extraordinary and unexplained delay creates a serious doubt regarding the genuineness and motivation behind the present prosecution. Moreover, co-accused has already been released on anticipatory bail by this Court vide order dated 19.8.2026 passed in MCRCA No.1312/2026. Therefore the applicant may be released on bail. 4 4. On the other hand, learned State counsel and learned counsel for the Objector oppose 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 a lady and co-accused has already been released on anticipatory bail by this Court vide order dated 19.8.2026 passed in MCRCA No.1312//2026, and inordinate delay of 10 years in lodging the FIR, 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 in the event of arrest of the applicant – Rajani Seth, 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 5 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