SMT. LAXMI GUPTA vs STATE OF CHHATTISGARH

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CGHC010336152026 2026:CGHC:38875
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1427 of 2026
Smt. Laxmi Gupta W/o Rajesh Kumar Gupta Aged About 60 Years
R/o Putrishala Ward No.06, Champa, Police Station Champa,
District Janjgir-Champa Chhattisgarh ... Applicant
versus
State Of Chhattisgarh Through The District Magistrate, District
Janjgir-Champa Chhattisgarh ... Non-Applicant
For Applicant : Mr. Anil Kumar Gulati, Advocate.
For Non-applicant/State : Mr. Jitendra Shrivastava, G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02.09.2026
1. This anticipatory bail application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by
SISTLA
NEELIMA
VISHNU
PRIYA
the Applicant who is apprehending her arrest in connection
with Crime No.430/2026 registered at Police Station –
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.02
17:36:26 +0530

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Chanpa, District Janjgir-Champa (C.G.) for the offences
punishable under Sections 316(5), 318(3) and 3(5) of BNS.
2. Brief facts of the case are that complainant Hemant Kumar
Dewangan approached Police Station Champa and submitted
a written complaint stating that he knew Krishna Kant Gupta
@ Katu and his mother i.e. the present Applicant, who were
agents at the Champa Post Office. It is alleged that they
visited his house and induced him to deposit money in the
Post Office by assuring him of better returns. Believing their
representation, the complainant opened R.D. Account No.
020050027669 at the Champa Post Office on 01.09.2022.
Krishna Kant Gupta allegedly collected Rs.3,000/- from him
every month and recorded the deposits in a diary, assuring
him that the amount was being regularly credited to his
account. However, upon receiving a communication from the
Post Office on 16.02.2026 regarding the outstanding balance,
the complainant came to know that only Rs.21,000/- had
been credited to his account up to 02.10.2023, whereas
Krishna Kant Gupta had allegedly collected a total amount of
Rs.1,21,200/- from him between 01.09.2022 and 12.02.2026.
It is alleged that an amount of Rs.1,00,200/- was not
deposited in his account and was misappropriated, thereby
committing criminal breach of trust and cheating. It is further

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alleged that despite repeated demands for about three
months, Krishna Kant Gupta kept postponing repayment on
one pretext or another and when pressed for payment,
abused the complainant and threatened him with false
implication, claiming influence with the police authorities.
Thus, it is alleged that Krishna Kant Gupta @ Katu and his
mother, who is the present Applicant, with an intention to
cheat, misappropriated the money deposited by the
complainant. Based on these allegations, the offences as
mentioned above have been registered against the present
Applicant. Hence, this application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. He submits that the allegations in the FIR are primarily
against the Applicant's son, who is alleged to have received
Rs.1,21,000/- from the complainant, out of which only
Rs.21,000/- was deposited in the Post Office and there is no
specific allegation that the Applicant herself approached the
complainant or received any amount from him for depositing
in the Post Office. He further submits that although the
Applicant was an agent, there is no specific overt act or direct
involvement attributed to her in the alleged offence. It is also
submitted that prior to registration of the present FIR on

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10.08.2026, the Applicant's son had lodged an FIR against
the complainant on 11.06.2026, registered as Crime
No.301/2026, under Sections 115(2), 296, 351(3) read with
Section 3(5) of the BNS, indicating prior enmity between the
parties. He further submits that the Applicant is a woman
aged about 60 years, her son is already in custody since
11.08.2026 and the trial is likely to take considerable time for
its conclusion, therefore, she may be granted anticipatory
bail.
4. Per contra, learned State Counsel opposes the bail
application and submits that the Applicant was working as an
agent collecting money from depositors and that her son
allegedly misappropriated the collected amount by investing it
in betting, online satta and share trading. It is further
submitted that more than Rs.1 crore was collected from
approximately 150 victims and the Applicant's son has
already been arrested and is presently in custody.
5.
Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary, the
nature of allegations, the fact that the Applicant is a woman
aged about 60 years, her alleged involvement is
distinguishable from that of her son, who is already in custody
and the trial is likely to take considerable time for its

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conclusion, without further commenting anything upon the
merits of the case, this Court is of the considered opinion that
it is a fit case to grant anticipatory bail to the Applicant.
6. Accordingly, the instant MCRCA is allowed and it is directed
that in the event of arrest of the Applicant – Laxmi Gupta on
executing a personal bond with 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/s 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/her/them from disclosing such
fact to the Court.
(b) The Applicant/s shall not act in any manner
which will be prejudicial to fair and expeditious
trial.
(c) The Applicant/s shall appear before the trial
Court on each and every date given to
him/her/them by the said Court till disposal of the
trial.
(d)The Applicant/s and the surety shall submit a
copy of his/her/their adhaar card along with a
colored postcard full size photo having printed the
adhaar number on it, which shall be verified by
the trial Court.
(e)The Applicant/s shall not involve
himself/herself/themselves in any offence of
similar nature in future.
Sd/-

(Ramesh Sinha)
CHIEF JUSTICE
Priya