1 CGHC010312822026 2026:CGHC:38678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1305 of 2026 Rajlaxmi Sharaf W/o Rajkumar Sharaf Aged About 71 Years Director M/s Dhamtari Kpex Pvt Ltd R/o Office No. 417, 4th Floor, Lalganga Business Park, Ward No . 51 Pachpedi Naka, Raipur, Distt- Raipur (C.G.) Other R/o Aishwarya Residency, Vishal Nagar, Telibandha, Raipur, Distt- Raipur (C.G.) Permanent Address Near Pital Karkhana Gaurav Path, Baloda Bazar Distt- Baloda Bazar Bhatapara (C.G.) ... Applicant(s) versus Central Bureau Of Investigation Through Station House Officer, Police Station E O B / C B I Kolkata (W.B.) ... Respondent(s) For Applicant(s) : Mr. Ashutosh Pandey, Advocate. For Respondent(s) : Mr. Vaibhav A. Goverdhan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has 2 been filed by the applicant, who is apprehending his arrest in connection with Crime No.RC0732026E0012/2024 registered at Police Station E O B / C B I Kolkata (W.B.) for the offences punishable under Sections 7, 13(2) and 13(1)(a) of P.C. Act and Sections 420, 409, 477(A) and 120-B of IPC. 2. Prosecution case in brief is that the a complaint dated 07.05.2026 was lodged by Shri Randhir Kumar, Deputy General Manager and Regional Head, Union Bank of India, Raipur, against M/s Dhamtari Kpex Pvt. Ltd., its Director Smt. Rajlaxmi Sharaf and other persons regarding alleged fraud in respect of credit facilities availed from the bank. It is alleged that the borrower company and its Directors, in connivance with unknown public servants and other persons, fraudulently availed an Export Packing Credit facility of Rs.15 Crores, including a Cash Credit Limit of Rs.5 Crores and an LC Limit of Rs.7.50 Crores, sanctioned on 19.04.2023. It is further alleged that the borrower company and the other accused persons, with an intention to defraud the bank, diverted the loan amount to its sister concerns, namely M/s Bharti Multi Trade, M/s Krish Enterprises and M/s Radhe Krishna Enterprises. As the borrower failed to repay the loan, the account was declared NPA on 12.10.2024, with an outstanding amount of approximately Rs.11.38 Crores as on 31.01.2026, thereby allegedly causing wrongful loss to the bank. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant is a 71-year-old lady who has recently suffered from medical ailments, and her medical condition is supported by the medical report filed as Annexure A/3. It is further submitted that the applicant herself is a victim of the alleged fraud, as co-accused Abhishek Gupta, who is her relative, and Kushal Soni, a friend of Abhishek Gupta, allegedly approached her in 2023 seeking her land for their bitumen business and induced her by offering substantial profits. Upon her refusal to invest, they allegedly obtained her signatures on blank papers on the pretext of taking the land on lease. He further submits that upon receiving the bank's notice regarding the NPA account, the applicant immediately raised an objection and lodged complaints before the Police Station Telibandha, Superintendent of Police, Raipur and Inspector General of Police, Raipur in December 2024. She also informed the bank about the alleged fraud by replying to the notice issued under Section 13 of the Secularization Act on 10.12.2024. The applicant thereafter approached the DRT, Jabalpur and obtained a protection order dated 07.07.2026. He also submits that the applicant had already availed the remedies available under the Secularization Act and had herself taken steps against the alleged fraud much prior to registration of the present FIR. The FIR has been lodged after an unexplained delay of approximately three years, and therefore, the applicant's implication in the alleged financial fraud is seriously disputed and requires consideration at the stage of bail. He later 4 submits that vide order dated 17.08.2026, the applicant has been released on interim bail till the next date of listing, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the allegation against the applicant Smt. Rajlaxmi Sharaf is that, being a Director of M/s Dhamtari Kpex Pvt. Ltd., she, in connivance with the co-accused persons, allegedly fraudulently availed credit facilities of Rs.15 Crores from Union Bank of India and facilitated diversion of the loan amount to sister concerns, thereby causing wrongful loss to the bank. Hence, the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant being a Director of M/s Dhamtari Kpex Pvt. Ltd., in connivance with the co-accused persons, allegedly fraudulently availed credit facilities of Rs.15 Crores from Union Bank of India and facilitated diversion of the loan amount to sister concerns, thereby causing wrongful loss to the bank, but considering the fact that she is 71- year-old lady who has recently suffered from medical ailments, and her medical condition is supported by the medical report, as 5 such, without further commenting anything on merits, this Court find it appropriate to grant 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 - Rajlaxmi Sharaf, on executing a personal bond with one 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 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 shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet