1 2025:CGHC:23594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 833 of 2025 Aashutosh Singh S/o Satya Prakash Singh Aged About 27 Years R/o Ward No. 08, Behind Old Collector Office, Near Pakka Bhawan, Janjgir, District Janjgir- Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Supela (Police Chowki Smriti Nagar), District Durg, Chhattisgarh ... Non-applicant For Applicant : Ms. Seema Singh, Advocate For Non-applicant : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth, 'BNSS') has been filed by the applicant, who is apprehending his arrest in 2 connection with Crime No. 59/2022 registered at Police Station – Supela, (Police Cowki Smriti Nagar), Durg, District- Durg (C.G.) for the offences punishable under Sections 147,149, 186, 294, 342, 353 and 427 of the Indian Penal Code. 2. Brief facts of the case are that complainant- Mohan Sahu made a written complaint to the concerned police station statomg that he is working as Head Constable at Police Chowki Smriti Nagar. It is alleged that on 16.01.2022, from 9.00 PM to 9 AM when he was on duty, accused persons namely Praveen@ Padu, Veeru Sonkar, K. Hemant and deepat Singh were on the custody in the concerned police station, the relatives of the aforesaid accused persons came there and using noise and commotion by filthy language for releasing on bail to the said accused persons and thereafter, they have damaged the Cooler, Window and Tap of the premises of the police station. On the basis of the such complaint, the police has registered the offences for the aforesaid offences. Thereafter, after very long time, police has issued notices on 08.05.2025 to the present applicant only on the basis of memorandum statements of co-accused persons and merely on suspicion. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She also submits that the name of the present applicant was not mentioned 3 in the FIR as well as in the charge-sheet and merely on the basis of suspicion and memorandum statement of the co-accused person, name of the applicant come in the picture, and thereafter on 08.05.2025 a notice has been issued to this applicant with regard to aforesaid incident. As such, considering the facts & circumstances of the case, applicant may be extended the benefit of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that name of the present applicant has nowhere mentioned in the FIR as well as in the Chargesheet and also considering the fact that after very long time of date of FIR i.e. about lapse of three years police authorities has issued notice to the present applicant on 08.05.2025, therefore, I am 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 – Aashutosh Singh, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting Officer, she 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 Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.14 18:08:29 +0530