1 2025:CGHC:23590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 825 of 2025 Denial Kashyap S/o Ishra Kashyap Aged About 42 Years R/o Ambedkar Ward Jagdalpur P.S. Bodhghat District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bodhghat, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate For Non-applicant : Mr. Bharat Gulabani, 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 connection with Crime No. 35 of 2025 registered at Police Station – 2 Bodhghat District- Bastar (C.G.) for the offences punishable under Sections 115(2), 296, 3(5), 351(2) of BNSS and under Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in nutshell, is that the complainant has lodged the FIR against the present applicant and other co-accused persons alleging therein that on 08.01.2025 at about 3.00 O'clock when he had gone to attend funeral of his colleague at Hat Kachoura Cemetary, the present applicant and other co-accused persons namely Nitu Kashyap, Prince and others came there and abused him in filthy language and assaulted him on his head by means of Hokey, stick and Banda, as a result thereof, he fell down and sustained injuries on his head. Based on aforesaid facts, present crime has been registered against the present applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, as there is no evidence on record to connect him with the crime in question. He further submits that earlier on 08.01.2025, the present applicant had lodged a report against the complainant bearing Crime No. 14 / 2025 at police Station Bodhghat, District Bastar, thereafter, on the same day, the complainant of this case has again lodged FIR for the same incident bearing Crime No. 16/2025 against the present 3 applicant & other co-accused persons. Subsequently, again on 20.01.2025, i.e. 12 days of the incident, complainant had lodged FIR bearing Crime No. 35 / 2025 against the applicant & other co- accused persons alleging same facts. He would next submit that offence under Sections 25 & 27 of the Arms Act is not made out against the applicant and he is ready to abide by all the terms & conditions, which may be imposed by this Court while granted anticipatory bail to the applicant. As such, the 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. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly, considering the fact that for the same incident, one FIR bearing crime No. 14/2025 has been lodged the applicant on 08.01.2025 whereas two FIRs have been lodged by the complainant on 08.01.2025 and 20.01.2025, respectively bearing Crime No. 16/2025 & Crime No. 35/2025, respectively; further considering the fact that subsequent FIR was lodged by the complainant after about 12 days of the incident 4 without explaining such delay. As such, considering overall facts situation of the case, 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 – Denial Kashyap, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he 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/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.14 18:07:50 +0530