1 2025:CGHC:28741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 818 of 2025 Shiva Dewangan S/o Heera Lal Dewangan Aged About 27 Years R/o Ward No. 27, Polsai Para, Durg Tahsil And District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through D.M. Durg, Through P.S. Padmanabhpur, District Durg Chhattisgarh ... Non-applicant For Applicant : Dr. Manish Nigam, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 27.06.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 92/2025, registered at Police Station – Padmanabhpur , District – Durg (C.G.) for the alleged commission of offence punishable under Sections 308(2), 308(5), 111(2)(B) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. That complainant had lodged a written report stating that his friend Pushpendra kumar patel is imprisoned in Central jail, Durg since VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.30 18:27:00 +0530 2 January 2024, who is beaten and abused by other prisoners in the jail. On 24.03.2025, the complainant received a phone call and was told that if he wished to save his friend, then he will have to send money or his friend will be killed inside the jail. Then, on 500 25.03.2025, Rs. 5000/- were sent on PhonePe number 7869018302, the holder's name was shown as Israel Kumar. After that, om 28.03.2025, 29.03.2025 and 30.03.2025 money was transferred from complainant's mobile number 8878456470. Further, it is alleged that demand of Rs. 1,00,000/- is being made to transfer the amount on UPI mobile numbers 8871325029, 8817210997 and 9640285420. His friend pushpendra was being continuously beaten and abused in jail along-with other prisoners, and money is being extorted from relatives in lieu of providing facilities to these prisoners. Based on the above written complaint, crime no. 92/2025 under Section 308(2), 308(5), 111(2),(5) of BNS was registered against the Applicant/accused and other co- accused persons. A copy of the FIR is filed herewith as ANNEXURE A/2. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the contends of the FIR do not make out a prima facie case under Section 308(2), 308(5) 111(2)(B) and 3(5) of BNS against the applicant and the name of the applicant is not in the FIR. He further submits that applicant has no direct or indirect involvement in the crime alleged. He runs a hotel outside the police station and the officers used to come for tea and snacks and used to get money transferred into his account and in cash from him, the reason of which was never told to the applicant. And there is delay of 2 months in lodging the FIR by the complainant 3 without any plausible explanation as he has alleged that demand for money is being made since March 2025, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available on record in the case diary, it appears that the applicant is involved in the crime in question. Therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Shiva Dewangan, involved in Crime No. 92/2025, registered at Police Station – Padmanabhpur , District – Durg (C.G.) for the alleged commission of offence punishable under Sections 308(2), 308(5), 111(2)(B) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav