1 CGHC010336152026 2026:CGHC:38875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1427 of 2026 Smt. Laxmi Gupta W/o Rajesh Kumar Gupta Aged About 60 Years R/o Putrishala Ward No.06, Champa, Police Station Champa, District Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The District Magistrate, District Janjgir-Champa Chhattisgarh ... Non-Applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant who is apprehending her arrest in connection with Crime No.430/2026 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.02 17:36:26 +0530 2 Chanpa, District Janjgir-Champa (C.G.) for the offences punishable under Sections 316(5), 318(3) and 3(5) of BNS. 2. Brief facts of the case are that complainant Hemant Kumar Dewangan approached Police Station Champa and submitted a written complaint stating that he knew Krishna Kant Gupta @ Katu and his mother i.e. the present Applicant, who were agents at the Champa Post Office. It is alleged that they visited his house and induced him to deposit money in the Post Office by assuring him of better returns. Believing their representation, the complainant opened R.D. Account No. 020050027669 at the Champa Post Office on 01.09.2022. Krishna Kant Gupta allegedly collected Rs.3,000/- from him every month and recorded the deposits in a diary, assuring him that the amount was being regularly credited to his account. However, upon receiving a communication from the Post Office on 16.02.2026 regarding the outstanding balance, the complainant came to know that only Rs.21,000/- had been credited to his account up to 02.10.2023, whereas Krishna Kant Gupta had allegedly collected a total amount of Rs.1,21,200/- from him between 01.09.2022 and 12.02.2026. It is alleged that an amount of Rs.1,00,200/- was not deposited in his account and was misappropriated, thereby committing criminal breach of trust and cheating. It is further 3 alleged that despite repeated demands for about three months, Krishna Kant Gupta kept postponing repayment on one pretext or another and when pressed for payment, abused the complainant and threatened him with false implication, claiming influence with the police authorities. Thus, it is alleged that Krishna Kant Gupta @ Katu and his mother, who is the present Applicant, with an intention to cheat, misappropriated the money deposited by the complainant. Based on these allegations, the offences as mentioned above have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He submits that the allegations in the FIR are primarily against the Applicant's son, who is alleged to have received Rs.1,21,000/- from the complainant, out of which only Rs.21,000/- was deposited in the Post Office and there is no specific allegation that the Applicant herself approached the complainant or received any amount from him for depositing in the Post Office. He further submits that although the Applicant was an agent, there is no specific overt act or direct involvement attributed to her in the alleged offence. It is also submitted that prior to registration of the present FIR on 4 10.08.2026, the Applicant's son had lodged an FIR against the complainant on 11.06.2026, registered as Crime No.301/2026, under Sections 115(2), 296, 351(3) read with Section 3(5) of the BNS, indicating prior enmity between the parties. He further submits that the Applicant is a woman aged about 60 years, her son is already in custody since 11.08.2026 and the trial is likely to take considerable time for its conclusion, therefore, she may be granted anticipatory bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the Applicant was working as an agent collecting money from depositors and that her son allegedly misappropriated the collected amount by investing it in betting, online satta and share trading. It is further submitted that more than Rs.1 crore was collected from approximately 150 victims and the Applicant's son has already been arrested and is presently in custody. 5. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant is a woman aged about 60 years, her alleged involvement is distinguishable from that of her son, who is already in custody and the trial is likely to take considerable time for its 5 conclusion, without further commenting anything upon the merits of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the Applicant. 6. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Laxmi Gupta 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) The Applicant/s 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 him/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya