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2026 DAILYLAW 33230 (CHH)

SMT. KAMINI BEHERA v. STATE OF CHHATTISGARH

MCRCA/1405/2026 · 2026-08-24

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Judgment text

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1 CGHC010325792026 2026:CGHC:38149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1405 of 2026 Smt. Kamini Behera W/o Shri Laxmikant Behera Aged About 40 Years Resident Of Village Ralaba, Sub District Golanthara, District Ganjam (Odisha). ... Applicant versus State Of Chhattisgarh Through - Station House Officer Police Station - Khamardih, District - Raipur (C.G.) ... Non-Applicant For Applicant : Shri Sunil Verma, Advocate. For Non-Applicant : Shri Soumya Rai, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.164/2026 registered at Police Station – Khamardih, District – Raipur (C.G.) for the offence punishable under Sections KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 14:23:33 +0530 2 318 (4) & 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and under Section 67 of the Information Technology Act. 2. The prosecution story, in brief, is that the complainant lodged a report alleging that on 24.05.2026 at about 08:24 p.m., he received a call from mobile numbers 8658534616 and 8658584616 from a person claiming to be the P.A. of Nitin Naveen, who demanded money on the pretext of an urgent need. Believing the representation, the complainant transferred Rs.10,000/- through a scanner to an account displaying the name of Kamini Behera. Upon receiving repeated calls and further demands for money, the complainant discussed the matter with others and realised that he had been cheated. Thereafter FIR was lodged against the accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that co-accused has already been released on regular bail by this Court vide order dated 11.8.2026 passed in MCRC No.7376/2026 and the allegation against the present applicant is similar. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the 3 documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that the applicant is a lady and co-accused has already been released on regular bail by this Court vide order dated 11.8.2026 passed in MCRC No.7376/2026, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Kamini Behera, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, she shall be released on bail on the following conditions:- (a) She should 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) She should not act in any manner which will be prejudicial to fair and expeditious trial. (c) She should 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 sureties 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) She should not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve