1 - Smt. Aishwarya Premjeet Sharma W/o Shri Premjeet Sharma Aged About 43 Years v. 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Supela, Police
Case Details
1 2025:CGHC:26517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 886 of 2025 1 - Smt. Aishwarya Premjeet Sharma W/o Shri Premjeet Sharma Aged About 43 Years R/o A/1101, Dheeraj Jamuna, Chicholi Bandar, Malad West, Mumbai, (Maharashtra), Permanent Address - 44/2 Indrapuri, Police Station - Patliputra, Patna, Bihar- 800024 ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Supela, Police Outpost - Smriti Nagar, District - Durg (C.G.) ... Respondent For Applicant
Legal Reasoning
: Mr. Sunil Sahu, counsel for the applicant. For Respondent/State For Objector : : Mr. Jitendra Shrivastava, Govt. Advocate. Mr. Abhishek Sinha, Senior Advocate assisted by Mr. Ghanshyam Patel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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. 530/2023 2 registered at Police Station – Supela, Police Outpost Smriti Nagar, District – Durg (C.G.) for the offence punishable under Section 420, 467, 468, 471 & 120-B of the IPC. 2. The prosecution's case is that complainant Jaswinder Singh Digwa lodged the written report at Police Outpost – Smriti Nagar alleging that Director of Sungevity Enterpriss Private Limited Premjeet namely Premjeet Sharma given the assurance for the profit in the work of Solar Street Light at Nepal and they have entered into Joint Venture Agreement and taken certain amount, but there is no response of profit, therefore, prayed for registration of the offence and on the basis of said report, police registered the offence of Crime No. 530 / 2023 for the offence under Section 420 of IPC and during investigation added the Sections 467, 468, 471 and 120-B of the IPC and sought to arrest the present applicant, who is wife of Premjeet Sharma though there is no averment in the FIR against her and her name is not mentioned in the FIR. 3. Learned counsel appearing for the applicant submits that the applicant, who is a lady, has been falsely implicated in the crime in question thought the applicant has no role in the alleged commission of offence and even her name is not mentioned in the FIR and there is no allegation against the applicant in the written report. He submits that alleged incident was taken place in the month of October, 2017 and the written report is lodged on 02.07.2023 i.e. after about 6 years from the alleged incident and there is no explanation for such inordinate delay in lodging the FIR. He further submits that applicant was one of the Directors of Sungevity Enterprises since 05.10.2015 to 12.09.2017 and 3 she has given her resignation on 12.09.2017, which was accepted and information in this regard is sent to the Ministry of Corporate Affairs and in pursuant thereto, her name has been removed from the list of Directors as such, there is no involvement of the applicant in the instant crime,. He submits that husband of the applicant Mr. Premjeet Sharma, who is one of the Director of the Sungevity Enterprises Private Limited, has already been granted regular bail by the Court of Sessions, therefore, the applicant is extended the benefit of anticipatory bail. 4. Per contra, learned Counsel for the State opposes the bail application. 5. Learned Senior Counsel for the Objector would submit that complainant is a partner firm M/S Top carriers and the applicant and her husband are Director along with other Directors of M/s Sungevity Enterprises Pvt. Ltd., they entered into a contact with the complainant that they are getting a tender for installation of Solar Streetlight Project at Nepal, valued at Rs. 9.19 Crores and asked the complainant to prove a financial help and assured that he will be provided in the share of profit if he provides a financial help and on the assurance given by the applicant and her husband, compliant invested Rs. 22.35 lakhs and entered into a joint venture agreement on 04.07.2017, after some time of the complainant inquired about the progress of work, for which he invested the amount and asked for share profit and for that purpose visited their office and meet the applicant, but after lapse of long duration, they did not pay a single penny to the complainant, as they assured. As such, the manner in which, offence of cheating is said to 4 have been committed by the applicant, she is not entitled for anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering that there is inordinate delay in lodging the written report, as alleged incident was taken place in the month of October, 2017 whereas written report is lodged on 02.07.2023 i.e. after about 6 years from the alleged incident and the fact that applicant is lady and her husband, who is also the co-accused of the instant case, has already been granted regular bail by the Court of Sessions and, therefore, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Aishwarya Premjeet Sharma on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- threat (a) she shall not directly or indirectly make any to any person or promise inducement, acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial 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. and expeditious to fair the applicant and the surety shall submit a copy of his (d) 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) she shall not involve herself in any offence of similar nature in future. 5 9. It is made clear that this order will not be benefited to the other co- accused persons, who involved it the instant case and their cases shall be examined independently or separately. Sd/- (Ramesh Sinha) CHIEF JUSTICE amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:21:18 +0530