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2025 DAILYLAW 56033 (CHH)

KOMAL KEWLANI v. STATE OF CHHATTISGARH

MCRCA/1616/2025 · 2025-10-26

body2025

Judgment text

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1 2025:CGHC:52338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1616 of 2025 • Komal Kewlani W/o Deepak Kewlani Aged About 38 Years R/o Rama Valley, High Court Road, P S - Chakrabhata, District - Bilaspur Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station - Civil Lines, Bilaspur, District - Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shobhit Koshta, Advocate For Respondent/State : Ms. Supriya Upasne, G.A. For Objector Mr. Ravindra sharma, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/10/2025 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.1068/2025 registered at Police Station – Civil Lines, District- Bilaspur (C.G.) for the offences punishable under Sections 111, 3(5), 318(4) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant on 12.09.2025 lodged the written report that the present applicant and other co-accused person have given the false assurance to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.28 18:31:44 +0530 2 the complainant that they are powerful spiritual persons and they will remove the demons from the house of the complainant and also stated their daughter is under threat and in lieu of removing the negative energies, the accused persons did pooja and other ceremonies for which they took about the amount. The accused persons also has taken the amount from the complainant in the form of loan for personal necessity and in total about Rs.8,50,000/- has been taken from the complainant. Thereafter, when the complainant asked for his money back, it was assured by the accused persons that they will return the money after selling their land but till date they had refused to return the money back and thus, amount has been misappropriated by the present applicants. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He would submit that the applicant is a lady aged about 38 years old, who is a wife of the co-accused namely Komal Kewlani. He also submits that the money has been taken by the co-accused and no money has been transferred in the account of the present applicant. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail and in the present matter main allegation levelled against the co-accused namely Deepak Kewlani, who is 3 husband of the present applicant and no money has been recovered from the present applicant and applicant’s native place is Pune, therefore, applicant is not entitle for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that applicant is a lady aged about 38 years old, who is wife of the co-accused namely Komal Kewlani and money has been taken by the co-accused and no money has been transferred in the account of the present applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Komal Kewlani on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 him from disclosing such fact to the Court. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) 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. (d) The applicant and the surety shall submit a copy of his 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali