In cases where a dispute primarily arises from financial transactions involving a licensed money lender and is supported by banking records, anticipatory bail may be granted, as the veracity of allegations regarding exorbitant interest and intimidation is a matter for trial.

Order on Board

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. 198/2026 registered at Police Station Newai, Durg, District - Durg, (C.G.) for the offence punishable under Sections 115, 296, 308(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Section 04 of the Karja Act/Chhattisgarh Money Lenders Act .

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. As per the prosecution’s case, in brief is that the complainant has lodged an FIR bearing No. 198/2026 against the applicant alleging that the applicant had charged exorbitant interest at the rate of 80% on the amount advanced and had recovered an excessive sum of Rs. 22,80,000/-, out of which Rs. 10,00,000/- was allegedly paid through digital transactions and Rs. 12,00,000/- in cash. It is further alleged that upon failure of the complainant to repay the remaining credit amount, the applicant retained the documents of the complainant’s house as security, and further, the applicant along with co-accused persons abused and criminally intimidated the complainant. Hence, the present anticipatory bail application.

3. Learned counsel for the applicant submits that the applicant is a duly licensed money lender, having obtained a valid licence under Section 11(B) of the Chhattisgarh Sahukari Act, 1934 (as amended in 2005) from the competent authority, i.e., the Tehsildar and Sub-Registrar, Durg, on 27.02.2024, and has been advancing loans to known persons on a lawful rate of interest of 2% per month. It is submitted that the complainant, who was previously acquainted with the applicant, had been regularly borrowing amounts on credit since mid-2023 and, after gaining the trust of the applicant, continued to take substantial amounts during the year 2024 without any formal agreement, which cumulatively amounted to Rs. 8,11,000/-, out of which only Rs. 85,000/- has been repaid, leaving an outstanding amount of Rs. 7,26,000/-. It is further submitted that several transactions were also carried out through bank transfers, clearly reflected in the applicant’s bank statements, showing that a total sum of Rs. 1,69,800/- was transferred to the complainant, out of which only Rs. 1,20,600/- has been returned, leaving a further balance amount due. He further submits that despite repeated requests, the complainant failed to repay the outstanding amount, and in order to evade liability, has falsely lodged the present FIR bearing No. 198/2026 at Police Station Newai, District Durg, with concocted and exaggerated allegations. It is further submitted that the allegations regarding mortgaging of property documents are patently false and baseless, as the said property is already mortgaged with ICICI Bank since 16.06.2016 and the original documents are in possession of the bank, making it impossible for the applicant to have taken the same. It is also contended that the allegation of charging exorbitant interest at the rate of 80% per month is wholly false, as the applicant has never demanded such illegal interest and had, in fact, requested only for repayment of the principal amount considering the financial condition of the complainant. It is further submitted that no accident, as alleged in the FIR, ever occurred, and the complainant herself has admitted to collecting money from the customers of the applicant, which she has falsely projected as her own funds. He further submits that the alle