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2026 DAILYLAW 15071 (CHH)

KAMAL CHANDANI v. STATE OF CHHATTISGARH

MCRCA/17/2026 · 2026-01-07

body2026

Judgment text

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1 2026:CGHC:1281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 17 of 2026 Kamal Chandani S/o Rajkumar Chandani Aged About 32 Years Resident Of Nagar Panchayat, Chakarbhatha Camp, Police Station- Chakarbhatha, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Chakarbhatha, District- Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Ms. Aditi Joshi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 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 his arrest in connection with Crime No. 508/2025 registered at Police Station – Chakarbhatha District – Bilaspur (C.G.) for the offences punishable under Section 79 of BNS 2023 and Section 67 & 67(A) of the Information I.T. Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 12:50:31 +0530 2 2. The prosecution story in brief is that the prosecutrix has lodged report at Police Station, Chakarbhatha, alleging therein that from 15.11.2025 to. 09.12.2025, the applicant has sent obscene & defamatory messages from mobile nos. 8889360160, 9691001119 & 7974605607 in the mobile no. 9752105733 of the prosecutrix and the applicant has also posted the said obscene & defamatory messages to the relatives of prosecutrix for outraging the image of prosecutrix. It is further alleged that the applicant has prepared fake profile in Instagram & Facebook in the name of Sumit Kukreja & edited the photographs of prosecutrix and her mother and defaming them in the news papers. On the basis of said report, the aforesaid offences have been registered against the applicant. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that never sent any obscene or defamatory messages to the prosecutrix or her relatives. On the contrary, the prosecutrix and her family members had obtained goods/articles worth Rs. 23,00,000/- from the applicant on the pretext of marriage, in respect of which the applicant lodged a complaint at Police Station Chakarbhatha, leading to registration of an offence of criminal breach of trust against them, and the prosecutrix and her mother were released on muchalka. Only thereafter, with an ulterior motive of wreaking vengeance, the present false and frivolous complaint has been filed against the applicant. The essential ingredients of the alleged offences are not attracted against him. The applicant is a reputed person, and his arrest would cause irreparable harm to his reputation and dignity. He undertakes to abide by all directions and conditions that this Hon’ble Court may impose, and 3 being a permanent resident at the address mentioned in the cause title with movable and immovable properties, there is no likelihood of his absconding or tampering with prosecution witnesses, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel appearing for the non- applicant/State, as well as the learned counsel for the objector, opposed the submissions made on behalf of the applicant and submitted that the applicant, on the pretext of marriage, had sexual relations with the victim; therefore, he is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations levelled against the applicant, it appears that the victim, being a major, and the present applicant were friends and known to each other for the last three years and were in a consensual relationship, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR came to be lodged by the victim on the ground that the applicant refused to marry her. Therefore, without making any further comments on the merits of the case, this Court is 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 – Kamal Chandani, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, he shall be released on bail on the following conditions:- (a) he 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav