1 2025:CGHC:22903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4046 of 2025 1 - Anshu@ Divyanshu Shrivas S/o Laxmi Prasad Shrivas Aged About 19 Years R/o Gram Pataharra, Police Station Kota, Tahsil Sakri And District Bilaspur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Kota Bilaspur District Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Rahul Goswami, Advocate For State : Mr. Jitendra Shriswastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is arrested in connection with Crime No.183/2025 registered at Police Station – Kota, District- Bilaspur (C.G.) for the offences punishable under Sections 318(4), 336(3), 316(5) of BNS and 66(C) of I.T Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.11 15:37:53 +0530 2 2. The case of the prosecution, in briefly, is that the applicants Deepak Puri, Shukchandan Puri, Dushyant and Om Puri have separately submitted written complaints that the applicant/accused is misusing the said SIM cards and getting SIM cards issued in their names and misusing the said SIM cards in connivance with his associates. and Hence police has registered a case for under section 318(4), 336(3), rand 316 (5) of the B.N.S and 66(C) of I.T Act. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He further submits that applicant is a student of fourth Semester of B.Com and his his exam will be started from 10.06.2025 to last date 24.06.2025 but due to pendency of the instant bail application the applicant is being adversely effected to prepare the said examinations and an affidavit in support of this is also filed. 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 opposes the prayer for grant of 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, also considering the fact that applicant is a student of fourth Semester of B.Com and his exam will be started from 3 14.06.2025 to last date 24.06.2025, he has no criminal antecedent, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Let the applicant – Anshu @ Divyanshu Shrivas, involved in No.183/2025 registered at Police Station – Kota, District- Bilaspur (C.G.) for the offences punishable under Sections 318(4), 336(3), 316(5) of BNS and 66(C) of I.T Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued 4 and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali