1 2025:CGHC:57543 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1857 of 2025 1. Ajay Bhairwani W/o Khubchand Bhairwani Aged About 33 Years R/o Jhulelal Ward No.- 13, Bodri, PS- Chakrabhata, District- Bilaspur (C.G.) 2. Deepak Kewlani S/o Bhagwan Das Kewlani Aged About 42 Years R/o Rama Valley, High Court Road, PS- Chakrabhata, District- Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station- Civil Lines, Bilaspur, District - Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. For Objector : Mr. Ravindra Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1068/2025 registered at Police Station – Civil Lines, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Sections 111, 3(5) and 318(4) of Bharatiay Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 12/09/2025, the complainant lodged a written report stating that the present applicants and other PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:18 +0530 2 co-accused persons falsely assured him that they were powerful spiritual individuals capable of removing demons from his house. They also told him that his daughter was under threat and, in order to remove the alleged negative energies, the accused persons performed “puja” and other ceremonies for which they took money from the complainant. The accused persons further took additional amounts from the complainant as a loan for their personal needs, and in total, a sum of Rs. 8,50,000/- was taken from him. Thereafter, when the complainant demanded his money back, the accused persons assured him that they would return the amount after selling their land. However, they have refused to return the money to date, thereby misappropriating the amount taken from the complainant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that, from the FIR itself, it is evident that there was a commercial transaction between the parties, and instead of filing a civil suit and resorting to appropriate civil remedies, the present FIR has been lodged as an arm-twisting exercise to illegally recover money from the applicants, which is impermissible under law. He further submits that, with the intention of illegally extracting money from the applicants, a false case has been registered against them. He also submits that, as per the FIR, the offence was allegedly committed on 01.07.2024, yet the FIR has been lodged after an unexplained delay of about one year and two months. Furthermore, the co-accused, namely Komal Kewlari, has already been granted anticipatory bail by this Court vide order dated 27.10.2025 passed in MCRCA No. 1616/2025. He also submits that the applicant has one previous criminal antecedent relating to the same nature of offence, in which the applicant was released on bail. Therefore, he prays for the 3 grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it transpires that the applicants, in a coordinated and organized manner, deceived the complainant by creating fear of evil spirits in his house and claiming danger to his daughter, thereby dishonestly obtaining Rs. 8,50,000/- from him at different times. They similarly cheated another victim, Sanjay Roopchand, of Rs. 2,10,000/-, showing a repeated pattern of fraudulent conduct. When the complainant demanded his money back, the accused not only refused but also abused him, demonstrating their intention to misappropriate the amount permanently. Therefore, considering the seriousness of the offence and the organized nature of the fraud, they pray that the anticipatory bail application be rejected. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and the fact that as per the FIR, the offence was allegedly committed on 01.07.2024, yet the FIR has been lodged after an unexplained delay of about one year and two months, furthermore, the co-accused, namely Komal Kewlari, has already been granted anticipatory bail by this Court vide order dated 27.10.2025 passed in MCRCA No. 1616/2025, further the applicant has one previous criminal antecedent relating to the same nature of offence, in which the applicant was released on bail, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Nos. 1 and 2 - Ajay Bhairwani and 4 Deepak Kewlani on executing a personal bond with one local surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicants 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants 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)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti