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2026 DAILYLAW 9231 (CHH)

SMT. TULSI DEVI KAUSHIK v. STATE OF CHHATTISGARH

MCRCA/626/2026 · 2026-04-27

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Judgment text

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1 2026:CGHC:19628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 626 of 2026 Smt. Tulsi Devi Kaushik W/o Shri Tameshwar Kaushik Aged About 64 Years R/o Village Seepat P.S. Seepat- Tahsil -Seepat District- Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Seepat, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Seema Singh, Advocate For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.04.2026 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. 200/2026 registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Section 316(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station stating that, as per the F.I.R., 420.39 quintals of paddy and 5,045 paddy bardana (bags) were found missing from the Co-operative Society, Seepat, Registration No. 26. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.29 11:13:58 +0530 2 Based upon the said complaint, the police registered a case under Section 316(5) of the B.N.S. against the applicant and other accused persons. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in this aforesaid case. She further submits the applicant is the President of the said Co-operative Society, Seepat, Registration No. 26, and she has not committed any of the alleged offences as levelled by the prosecution. She further submits that as per Clauses 5(5.6), 7(7.1), and 7.4 of the agreement, the concerned police authorities have failed to properly investigate the incident. Furthermore, as per Clause 13 of the agreement, the dispute is subject to arbitration and is civil in nature, and not criminal. She further submits that the Branch Manager, Jila Sahkari Kendriya Bank, Bilaspur, Branch Seepat, has found that there was no shortage of paddy or bardana, and no discrepancy was detected during the period from 15.11.2025 to 31.01.2026. A closure report certificate dated 08.04.2026 has been issued in this regard. She also submits that the allegations made against the applicant are totally false and fabricated, as the alleged incident is stated to have occurred during the period from 15.11.2025 to 31.01.2026, whereas the F.I.R. was lodged on 07.04.2026. The concerned officer had assigned the responsibility of purchasing and selling paddy to the members of the society in a duly convened society meeting, therefore, the present applicant is not responsible for any alleged shortage of paddy or bardana. The alleged incident pertains to the period from 15.11.2025 to 31.01.2026, whereas the case was registered on 07.04.2026. In view of the facts, there is an inordinate and unexplained delay in lodging the F.I.R., which itself casts serious doubt on the prosecution case. The applicant has not been involved in any 3 alleged offence. The applicant has neither committed any alleged offence nor has she been involved in the present case. The F.I.R. has been wrongly registered by the police without proper explanation regarding the alleged shortage of paddy and bardana, and merely on the basis of suspicion. She submits that the present applicant has no criminal antecedents, therefore, she prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State Counsel did opposes the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature and gravity of the offence, and further taking into consideration that the applicant is a lady and that the dispute between the parties is subject to arbitration and appears to be predominantly civil in nature, without commenting further on the merits of the case, this Court is inclined 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 – Smt. Tulsi Devi Kaushik, 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) 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. 4 (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 her 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek