1 2026:CGHC:6311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 179 of 2026 Sonam Kashyap, Aged About 27 Years W/o Nahru Sahu R/o City Park Colony, Mopka, P.S. Sarkanda, District - Bilaspur Chhattisgarh (As Per Correct Details) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda, District - Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/02/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.35/2026 registered at Police Station – Sarkanda, Dist.- Bilaspur (C.G.) for the offences punishable under Sections 318(4), 3(5) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 11:05:53 +0530 2 2. Case of the prosecution, in brief, is that complainant Arvind Singh Pawar submitted a written report to the Sarkanda police station stating that he was involved in Bio-coal manufacturing and trading. The Co- accused Nahru Sahu allegedly promised him a profit of Rs.200 to Rs.500 per tonne every five days if he invested in S.S.Coal Trading (proprietor Nahru Sahu). The Complainant was duped into paying Rs.12,900,000 to Nahru Sahu in cash and online via Phone Pay (QR code). When the accused threatened to report him for failing to provide any profit or returning the principal amount, they returned Rs.6,102,226 of the principal amount to him in separate installments over a considerable period of time, leaving the remaining amount at Rs.6,797,374. On the basis of aforesaid complaint Crime No. 35/2026 has been registered at P.S. Sarkanda, District - Bilaspur (C.G.) against the applicant and the other accused persons under Sections 318 (4) and 3 (5) of the BNS, and the case is under investigation. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated without any cogent evidence. The applicant is a 27-year-old lady having no role in the alleged offence, as all business transactions were exclusively handled by the co-accused, her husband. The dispute, as reflected from the FIR itself, arises out of a purely civil and commercial transaction, and the complainant has admittedly received back the amount of Rs.61,02,226/-. It is further submitted that the offence under Section 318(4) of the BNS is not attracted against the present applicant, since the investment was made in S.S. Coal Trading Company, of which the co-accused alone is the proprietor. The applicant is also having one-year-old daughter, with no other family 3 support available to look after her. He would submit that there was an unexplained delay in lodging the FIR despite the alleged transactions dating back to April 2025, indicating that the criminal proceedings are an afterthought due to business losses. He would submit that the applicant is a permanent resident of address shown in the cause title and there is no possibility of her absconding or tampering with evidence, and is ready to comply with all conditions imposed by the Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant and also considering the fact that applicant is a lady, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sonam Kashyap, on executing a personal bond and 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 shall not directly or indirectly make any inducement, threat or promise to any person 4 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri