1 2025:CGHC:20263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 637 of 2025 1. Mohammad Yusuf Khan S/o Nadir Khan Aged About 37 Years R/o Village Kusmi, P.S. Kusumi District Balrampur-Ramanujganj Chhattisgarh. 2. Amit Singh S/o Uday Pratap Singh Aged About 37 Years R/o Village Kusmi, P.S. Kusumi District Balrampur-Ramanujganj Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station In-Charge, Kusumi, District Balrampur-Ramanujganj, Chhattisgarh. ... Non-applicant For Applicants : Mr. Bhupendra Singh, Advocate, as well as Mr. Anuj Kumar Pandey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.05.2025 1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, apprehending their arrest in connection with Crime No. 18/2025, registered at Police Station – Kusmi, District RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Balrampur-Ramanujganj (C.G.) for the alleged commission of offence punishable under Sections 308(2), 351(2), 318(4), 338, 336(3), 340(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Learned State counsel made preliminary objection with respect to the prayer sought in the present anticipatory bail application and submits that the applicants have already preferred a Criminal Miscellaneous Petition bearing CRMP No. 1138 of 2025 against the impugned FIR bearing Crime No. 0018/2025, registered at Police Station – Kusmi, District Balrampur-Ramanujganj (C.G.) and the Division Bench of this Court vide order dated 01.04.2025 passed in CRMP No. 1138/2025 stayed the arrest of the applicant, and the said petition is still pending. Hence, the present application is not maintainable. 3. On a pointed query being made to the learned counsel for the applicants on an objection raised by the learned State counsel that under which provision the present application has been filed for grant of anticipatory bail to the applicants as the said petition bearing CRMP No. 1138/2025 preferred by the applicants is still pending, and the arrest of the applicant has already been stayed by the Division Bench of this Court vide order dated 01.04.2025, to which learned counsel for the applicants could not give any suitable explanation. 4. In view of the foregoing reasons, the present application is dismissed with an exemplary cost of Rs. 50,000/-, for misusing the process of law as there is already an interim protection granted to the petitioners/applicants in CRMP No. 1138/2025 on 01.04.2025 3 and the petition is still pending and further for wasting the precious time of the Court, which shall be deposited by each of the applicants within a period of one month from today in the Registry of this Court failing which, the concerned CJM shall recover the same from the applicants, in accordance with law. 5. After passing of the aforesaid order, Mr. Bhupendra Singh, learned counsel for the applicants has appeared and submitted that because of some misunderstanding the present MCRCA has been filed as the import and purport of the interim order passed in CRMP No. 1138/2025, could not be understood, and the present bail application has been filed, and he has tendered oral unconditional apology on his behalf as well as his client for filing the present bail application and prays for withdrawal of this application. He further submits that the cost imposed upon the applicants be withdrawn. 6. In view of the unconditional apology tendered by Mr. Singh, on his behalf as well as the applicants, the cost of Rs. 50,000/- imposed upon the applicants is hereby dropped and the present application is accordingly dismissed as withdrawn with liberty to the applicants for filing afresh, if any further cause of action arises in future. 7. The learned counsel for the applicants as well as the applicants are put to strict caution to remain careful in future. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar