1 2025:CGHC:19638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 601 of 2025 Faizul Hassan S/o Mohmmad Ahmed Aged About 45 Years R/o H. No. 07 D, Kamthi Road, Gram Panchayat Jabal Shiv Nagari Bhilgaon Ranala, Nagpur (Maharashtra) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Sahlewara, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent For Applicant : Shri Tarendra Kumar Jha, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30/04/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.31/2024, registered at Police Station Sahlewara, District Khairagarh-Chhuikhadan- Gandai (C.G.) for alleged commission of offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.01 17:58:22 +0530 2 111(2), 3(8) of BNS and section 3 of Prevention of Damage to Public Property Act. 2. Case of the prosecution, in brief, is that on 09.11.2024 at 5.00 PM Assistant Ranger Sahlewara made a written complaint to the Police that when he was in the night duty on 07.11.2024, the peons namely Paltan Ram and Pancham Singh Maravi informed him on mobile that, the driver of suspected truck No. CG 22C 9977 broke the barrier by rashly and negligently driving the vehicle and also tried to run over the staff posted at Government barrier. On this complaint FIR No. 31/2024 under section 281, 221,132,324(4), 49, 61(2) 111(2), 3(8) of BNS and section 3 of Prevention of Damage to Public Property Act was registered and statement of witnesses and accused Rakesh Jaiswal was taken into custody and his memorandum statement was recorded. As per the memorandum statement of the accused Rakesh Jaiswal the involvement of the applicant was found, therefore, the present applicant is apprehending his arrest on the false allegation by the police, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that there is no prima facie showing the involvement of the present applicant in the incident and police is falsely implicating him and neither the vehicle nor the cattle belong to the applicant and only to harass the applicant police is trying to implicate in false case. He would submit that the applicant is permanent resident of above mentioned place and having movable and immovable property over there and no likelihood of his absconding or tampering the prosecution 3 witnesses, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that there are nine criminal antecedents against the applicant in the State of Maharashtra. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegation levelled against the present applicant and the fact that there are nine criminal antecedents against the applicant in the State of Maharashtra and investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Faizul Hassan, involved in Crime No.31/2024, registered at Police Station Sahlewara, District Khairagarh-Chhuikhadan- Gandai (C.G.) for alleged commission of offence punishable under Sections 281, 221, 132, 324(4), 49, 61(2), 111(2), 3(8) of BNS and section 3 of Prevention of Damage to Public Property Act is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri