[Cites 1, Cited by 0]
Chattisgarh High Court
Bhawna Tamrakar vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11915
Digitally
signed by
NAFR
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA
NAGARIA Date:
2026.03.13
14:42:28
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 248 of 2026
1. Bhawna Tamrakar W/o Shri Anirudh Tamrakar Aged About 39 Years
R/o 143, Jawahar Nagar, Durg, Tehsil And District Durg C.G.
(Particulars Of The Applicant Are Mentioned Correctly)
... Applicant(s)
versus
1. State of Chhattisgarh Through District Magistrate, District Durg C.G.
2. Akash Kumar Sharma S/o Late Ravi Prakash Sharma Aged About 39
Years R/o House No. 116, Street No. - 10, Jawahar Nagar, Durg,
Tehsil And District- Durg C.G.
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Anmol Sharma, Advocate
For Respondent(s) : Mr. Shaleen Singh Baghel, Government
Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
12/03/2026
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.37/2026 registered at Police Station - Patan, District: Durg, C.G.
for the offence punishable under Sections 296, 3(5), 318, 351(2) of
Bhartiya Nyay Sanhita for short -BNS,2023.
2. Case of the prosecution, in brief, is that 5 That as per prosecution
case, Complainant Akash Sharma made a compliant under section
175(4) BNSS before the Learned Judicial Magistrate First Class,
Patan stating that the Complainant and Husband of present
applicant namely Anirudh Tamrakar are childhood friends and are
resident of same locality. That the complainant has a business of
wholesale trade of Protein Supplements and Anirudh Tamrakar is
posted as Junior Engineer in Janpad Karyalaya Patan on contractual
basis. That in the compliant it is stated that Anirudh Tamrakar in the
year 2021 told him that he is in a financial crunch as he is not
receiving salary for 5-6 months and as such, he wanted to open a
protein supplement shop in name of his wife as he is a government
servant and could not open in his name. The complainant helped him
in opening of his shop and supplied supplements. It is further
mentioned that on 05.10.2021 from the account of present applicant
an amount of Rs. 5 Lakhs was transferred to the account of
complainant and Rs. 1 Lakhs in cash to complainant. That in the
years 2022 again the complainant 01 tr has given loan of Rs. 6 Lakhs
for the reason of financial constraints. Thereafter Anirudh Tamrakar
didn't receive the phone call and present applicant further threatened
to rope the complainant in a false case. In this way Anirudh
Tamrakar and present applicant have dumped him to the tune of Rs.
27 Lakhs on account of business transaction and didn't return back.
On the basis of said complaint the Learned Judicial Magistrate First
Class, Patan vide order dated 09.10.2026 ordered for registration of
FIR under section 296, 318, 351(2), 3(5) of BNS. Copy of the order
dated 09.01.2026 is annexed as ANNEXURE A-3. As such pursuant
to order passed by the Learned JMFC, Patan, a case under Section
296, 318, 351(2), 3(5) of the BNS has been registered against the
present applicant and her husband Anirudh Tamrakar by the police
station of Patan, District bearing crime number 37/2026 and started
investigation. Durg That, as per the case of the applicant the true
and correct facts of the case is that, the applicant has been falsely
implicated in the instant case. The present applicant and her
husband namely Anirudh Tamrakar have been roped in the present
crime in rage, revenge and the complaint made before Durg is a
result of the Learned JMFC, Patan, District afterthought. The actual
fact is that the husband of the present applicant and Akash Sharma
were close friends and Akash sharma was doing the business of
Proteins Supplements and he approached Anirudh Tamrakar with a
scheme that in minimum investment he will give maximum profit
from the business of protein supplements and opened firm named
Aadi Shakti enterprise in name of present applicant in Risali Bhilai
and for which Anirudh Tamrakar has given money to the tune of 5
Lakh rupees. That then the shop was open and the sales was good in
the shop. Thereafter when Anirudh Tamrakar demanded the profit
from sales and his principal invested amount then he (Complainant)
gave lame excuses and didn't gave him. That on 16.07.2025, Anirudh
Tamrakar lodged an FIR against Akash Sharma (who is complainant
in the present case) under section 420 IPC bearing crime no.
201/2025 Police Station - Newai, District - Durg, C.G.
3. Learned counsel for the applicant submitted applicant is innocent
lady and has falsely been implicated in the present case. It is further
contended that the complainant herein is trying to take revenge and
has obtained the order for registration of FIR by learned JMFC, Patan
by suppressing the material fact that the complaint of the
complainant has already been dismissed by the learned JMFC at
Durg and revision has also been dismissed. He further submits that
there is no direct or documentary evidence that to prove that the
present applicant involvement in the offence. He further submits that
other co-accused, namely Anirudh Tamrakar, who is husband of the
present applicant has already been granted anticipatory bail by this
Court in MCRCA No.243 of 2026 vide order dated 13.02.2026,
therefore, he submits that the present applicant is also entitled to be
released on anticipatory bail on the ground of parity.
4. On the other hand, learned State counsel, appearing for the non -
applicant/State, opposes the prayer for grant of anticipatory bail to
the applicant.
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,
considering the fact that co-accused, namely Anirudh Tamrakar has
already been granted anticipatory bail by this Court in MCRCA
No.243 of 2026 vide order dated 13.02.2026, therefore, I am inclined
to grant anticipatory bail to the present applicant on the ground of
parity.
7. Accordingly, the instant MCRCA is allowed and it is directed that in
the event of arrest of the applicant - Bhawna Tamrakar on
executing a personal bond and one surety in the like sum to the
satisfaction of the arresting Officer, he 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
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 him by the said Court till
disposal of the trial.
(d) The applicant and the surety shall submit a copy of
their 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 himself in any offence of
similar nature in future.
Sd/-
(Ramesh Sinha)
Chief Justice
Vaishali
