RAJLAXMI SHARAF vs CENTRAL BUREAU OF INVESTIGATION

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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

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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.

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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

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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

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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