SANGEETA RAJ TIRKEY vs STATE OF CHHATTISGARH

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CGHC010416812026 2026:CGHC:45343
NAFR
Digitally
signed by
RAVI
SHANKAR
MANDAVI
RAVI
SHANKAR
MANDAVI
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 1770 of 2026
1 - Sangeeta Raj Tirkey W/o Late Ashish Tirkey, Aged About 37 Years
R/o Ward No. 10, Fundurdihari, Ambikapur, Police Station And Tehsil
Ambikapur, District Surguja C.G.
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Kotwali Ambikapur District Surguja C.G.
... Respondent
(Cause title is taken from CIS)
For Applicant : Ms. Fouzia Mirza, Senior Advocate
assisted by Mr. Ali Afzaal Mirza, Advocate
For State/Respondent : Mr. Avinash Singh, G.A.
Hon’ble Shri Justice Parth Prateem Sahu
Order on Board
27/10/2026
1. Applicant has preferred first bail application filed under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
‘BNSS’) for grant of anticipatory bail to the applicant who is
apprehending her arrest in connection with Crime No. 653/2026

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registered at Police Station – Ambikapur (as per FIR), District –
Surguja (C.G.) under Sections 318(4) and 3(5) of B.N.S.
2. As per the case of the prosecution, on 17.09.2026 a written
complaint was made before the police Station Ambikapur, wherein
the complainant has stated that in the year 2023 around
November-December, the complainant's co-workers i.e. present
applicant started pressurizing the complainant to get loan amount
from various bank in order to invest the said amount in ASA
Trading Company, the complainant told the applicant that she is
not in need of any loan therefore refused the applicant.
Subsequently the applicant who is in the post of a Lecturer at
Government Girls Higher Secondary School Ambikapur,
persuade that, she knows people who are in trading and big
businesses and they also help in getting the loan from the Banks
and therefore there is no need to go anywhere for the purpose of
loan. The ASA Trading Company help the people in getting loan
amount out of which the 60% of the amount was to be used by the
trading company for the purpose of business and the remaining
40% of the loan amount was provided to the person. The whole
loan amount was provided by the Directors of ASA Trading
Company namely Yogesh Vishwakarma, Arun Kushwaha, Akash
Singh, Shashikant Singh and the said person used to run the ASA
Trading Company and they used to get the loan amount utilized in
the Company. Applicant told the complainant about the said
circumstances that she has helped certain persons in getting the

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loan amount and deceived the complainant in getting the said
loan. The Director Yogesh Vishwakarma of ASA Trading Company
is a District Scout Officer, who has his office infront of the police
station, office of District Education Officer. Applicant took the
complainant to the aforesaid person's office and wherein Yogesh
Vishwakarma told that he is a local resident and works at the
office of District Education Officer and he is also the Scout Officer
of Surguja District. The concern person has made many people
the member of ASA Trading Company and has helped them get
loan and the said loan is being repaid by the company and no
problem has occurred. He asked the complainant to get the
documents pertaining to government service and Form No. 16 of
02 years, Cheque Book, Aadhar Card & PAN Card along with
photo copies of other documents as well the complainant had
given Yogesh Vishwakarma and thereafter the complainant was
sent back and she was instructed that if the concerned bank
person calls she should reply by saying that she wants loan. As
instructed on second day when the bank person called the
complainant responded by saying that she wants loan and in
accordance with that Yogesh Vishwakarma took the complainant
to the Gramin Bank Branch at Mahavirpur, where he opened her
account in the said bank by taking signature on various
documents and thereafter the complainant after some days from
20.04.2024 to 22.04.2024, the complainant received Rs.
31,02,625/- in her SBI Bank Account, then the complainant asked

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Yogesh Vishwakarma, Arun Kushwaha about the said loan
amount to which they said nothing will happen the complainant
does not has to pay the installment of the loan, the ASA Trading
Company will pay her installments, then the complainant was
instructed by Yogesh Vishwakarma and Arun Kushwaha on
23.04.2024 to go her State Bank and deposit the amount in the
Bank Account of ASA Trading Company amounting to Rs.
13,97,047/-. Thereafter on 30.04.2024 Yogesh Vishwakarma and
Arun Kushwaha called the complainant at SBI Bank and got Rs.
16,00,047/- in the account of ASA Trading Company and they told
that the complainant will received Rs. 40,000/- every month in
addition to the amount of installment for the loan. The complainant
also stated that Rs. 13,70,050/- was transferred from her Gramin
Bank Account to ASA Trading Company, and subsequently on
30.04.2024 a total amount of Rs. 43,67,144-40 was transferred in
the account of ASA Trading Company and the complainant was
assured by Yogesh Vishwakarma and Arun Kushwaha that the
loan installment amount of Rs. 107092/- per month will be paid by
the company and additional Rs. 40,000/- will be deposited in the
complainant's account. The complainant stated that there are 04
directors known to her of ASA Trading Company namely Yogesh
Vishwakarma, Arun Kushwaha, Akash Singh and Shashikant
Singh, who after receiving the aforesaid amount along with the
documents received by the complainant, which reflected that the
said persons in addition to the Gramin Bank, 03 other banks such

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as HDFC, ICICI & Cholamandalam, they have acquired loan
amount without informing the complainant and have transferred
the amount without her knowledge, when the complainant
objected the Directors of ASA Trading Company said that they will
repay the loan amount and during which the complainant will
received certain amounts in her bank accounts and she can make
transaction with the amount and have assured the complainant
that she will be receiving the promise amount in her account on
timely basis. That, the loan installment of 02 banks amounting to
Rs. 29828/- and 28800/- for the months July-August-September of
year 2024 were paid by the company, which is also Rs. 1,00,788/-
the installment of 04 months subsequent to the aforesaid was not
paid, subsequently on 30.04.2024 the complainant was assured
by the Directors namely Yogesh Vishwakarma, Arun Kushwaha
and Akash Singh, and they brought the complainant 02
agreements and she was told that this is the documents of the
Court and everything is written on the said agreement and has the
signatures and thereafter the complainant was asked to signed
the said agreement, but in order to signed the said agreement the
complainant did not visit the Court. That, in addition to Rs. 16
Lacs taken by the company in lieu of which the complainant
received Rs. 40,000/- in the month of June and Rs. 38,000/- in the
month of July and the trading company informed the complainant
that Rs.2000/- has been cut for the agreement. Then the
complainant got the know from the Bank that the aforesaid

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accused persons have not paid the loan installment for 1 to 2
years and are avoiding the payment by using deceitful means and
when the complainant enquired she got to know that they have
committed similar fraud with other person as well and they are
hand in gloves with employees of the Bank and other officials. The
complainant was also informed by other persons that due to the
conduct of ASA Trading Company some persons have also filed a
case against the aforesaid company. The complainant had paid
Rs. 9,27,530/- amount from her salary from the year October 2024
to March 2026 and she is unable to repay the loan amount and
therefore the accused persons have committed fraud with her
amounting to Rs. 46,12,049/-and due to which the complainant
had made a written complaint before the Police Station
Ambikapur, District Surguja (C.G.) against the present applicant
and other co-accused persons.
3. Learned senior counsel for applicant submits that applicant is
innocent and she has been falsely implicated in this case.
Applicant has not committed any offence as alleged. She submits
that applicant is working as lecturer along with the complainant
who was also working as lecturer. Initially applicant came in
contact with the co-accused persons who were running a
business in the name of ASA Trading Company and have invested
a sum of Rs.11,00,000/-. From the investment as per the
assurance given by the co-accused persons she has taken the
monthly return of Rs.38,000/- to Rs.40,000/- per month. These

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investment and return were being brought to the notice of the
complainant and as per her request the applicant took the
complainant to the office of ASA Trading Company and after
satisfying the complainant has herself has submitted the form
signed by her from which the loan has been disbursed in the
name of complainant. The complainant thereafter had invested
the said amount with the ASA Trading Company and had enjoyed
the return for some time and as per the allegation thereafter the
returns which were being disbursed in her account stopped which
made the complainant to lodged the report. She submits that
except the introducing the complainant with the ASA Trading
Company/persons running the ASA Trading Company, there is no
role of the applicant. Applicant has not been benefited with the
amount as alleged to have been deposited by the complainant
with the ASA Trading Company. Applicant is a government servant
and there is no likelihood of her absconding. She will cooperate in
investigation. He also submits that there is no any other criminal
antecedent against the applicant, therefore the benefit of
anticipatory bail may be extended to her.
4. Learned State counsel opposes the submission of learned
counsel for applicant. He submits that the applicant is instrumental
person who introduced the complainant with the person of
running business of ASA Trading Company, however upon asking
he fairly submitted that as per the case diary there is no mention
that any amount has been deposited with the present applicant.

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He also submits that as per material available in the case diary it
is appearing that a sum of Rs.43,67,144/- has been deposited by
the complainant in the ASA Trading Company.
5. I have heard learned counsel for parties and perused the
documents placed on record.
6. Taking into consideration the facts and circumstances of the case,
the nature of allegation, submission made by learned counsel for
respective parties and further considering the fact that the
applicant is the instrumental person who introduced the
complainant with the person of running business of ASA Trading
Company and as per the case diary there is no mention that any
amount has been deposited with the present applicant, without
commenting anything on merits of the case, I am inclined to
release the applicant on anticipatory bail.
7. Accordingly, the anticipatory bail application is allowed and it is
directed that in the event of arrest of applicant in connection with
the aforementioned crime number, he shall be released on
anticipatory bail by the Officer arresting him on his executing a
personal bond in the sum of ₹25,000/- with one surety in the like
sum to the satisfaction of the concerned arresting Officer.
Applicant shall also abide by the following conditions:
(i) that the applicant shall make himself available for
interrogation before the Investigation 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 of the case so as to dissuade

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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 him by the said Court till
disposal of the trial.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
JUDGE
Ravi Mandavi