Chattisgarh High Court
Bhawna Sahay vs State Of Chhattisgarh on 7 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 1712 of 2020
Bhawna Sahay, W/o Rajesh Bhai Sahay, Aged About 43 Years,
R/o- C/o Pramod K Adholia, B-102, Imperia Residency, Vasna
Bhayli Road, Near Bright School, Vadodara Gujarat, 391410
M.No. 9827908581.
---- Applicant
Versus
State Of Chhattisgarh Through- Station House Officer, Kotwali
Ambikapur, Thana- Surguja (Chhattisgarh).
---- Respondent
For Applicant : Shri Vivek Tankha, Senior Advocate with
Shri Sandeep Dubey, Adv.
For Respondent/State : Shri Sameer Sharma, Dy. G.A.
Hon'ble Smt. Justice Rajani Dubey
Order on Board
07.06.2021
1. The matter is heard through video conferencing.
2. This application under Section 438 of the Code of Criminal
Procedure has been filed by the applicant who is apprehending
her arrest in connection with Crime No. 389/2020 registered at
Police Station- Kotwali Ambikapur, Thana Distt.- Surguja (C.G.)
for commission of the offence punishable under Sections 419,
420 of IPC, 1860 & Section 10 of Chhattisgarh Protection of
Depositors Interest Act, 2005, U/s 66-D of IT Act.
3. Case of the prosecution is that, complaint lodged by the
complainant alleging that to the effect that Director/Manager of
Wish Wallet Company namely Ashok Acharya committed fraud
with many persons by making them deposit money with the
company on the allurement of getting four times return within
four weeks. The applicant Ashok Acharya and other applicants
herein who are agents of the said company, on the pretext of
failure of link and server being down, did not return the money to
the investors as promised by them. Based on this, offence was
registered against the present applicant.
4. Learned counsel for the applicant submits that the present
applicant is innocent and has been falsely implicated in this
case. He further submits that present applicant is not a main
accused person and the main accused person make her
scapegoat in his fraud. He next added that other co-accused
persons except main accused person namely Ashok Acharya,
have been granted bail in MCRC Nos. 5912/2020, 6315/2020 &
6874/2020 by this Court, charge-sheet has already been filed.
He has also placed a reliance in the case of Mulchand
Dewangan Vs. State of Chhattisgarh judgment passed by the
High Court reported in (2020) SCC online C.G. 146.
5. On the other hand, counsel for the State however opposes the
application for anticipatory bail.
6. After hearing counsel for the parties and considering the facts
and circumstances of the case, this Court is of the considered
opinion that it is a fit case to grant anticipatory bail to the
applicant. Accordingly, the application is allowed. It is directed
that in the event of arrest of the applicant in connection with
aforesaid crime number, she shall be released on bail on her
furnishing a personal bond in the sum of Rs. 1,00,000/- with one
local surety for the like sum to the satisfaction of the concerned
arresting/ investigating officer or the Court concerned, as the
case may be, with the following terms and conditions:
(i) that the applicant shall make herself available for interrogation
before the concerned investigating officer as and when required.
(ii) that the applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts or the case as to dissuade him/her from disclosing such
facts to the Court or to any police officer;
(iii) that the applicant shall not act in any manner which will be
prejudicial to fair and expeditious trial; and
(iv) that 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.
Sd/-
(Rajani Dubey)
Judge
Ruchi
