1 2025:CGHC:34258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1051 of 2025 Kamlesh Sahu S/o Aanand Sagar Aged About 27 Years R/o Village - Sursi, P.S. And Tehsil Sariya Dist. Sarangarh - Bhilaigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Chakradharnagar Dist. Raigarh (C.G.) ... Respondent For Applicant : Shri Ashutosh Biswas, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.208/2025 registered at Police Station – GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:21:49 +0530 2 Chakradharnagar, District Raigarh (C.G.) for the offences punishable under Sections 121 (1), 132, 262, 3(5) of the BNS. 2. Case of the prosecution, in brief, is that on 17.05.2025, an incident involving the accused Shesh Kumar Sahu (Accused in Crime No. 141/2025 at P.S. Dharamjaigarh u/s 3 & 7 of E.C. Act, as well as u/s 316(5) & 3(5) of the B.N.S.) occurred, during which the accused was taken to a hospital for medical treatment. Arrangements were made to transfer him to Raigarh for hospital admission, & he was taken for treatment at Balaji Metro Hospital (a private hospital) instead of the government hospital, as allegedly requested by the accused's relatives for better treatment. Constables Pyara Jeevan Toppo and others assisted during the treatment. It is also alleged that the accused's nephew, applicant Kamlesh Sahu, was also present at the hospital premises. In the early hours of 20.05.2025, at around 4:00 a.m., the accused and the applicant allegedly left the hospital premises silently. When efforts were made to stop them, the accused, Shesh Kumar Sahu, pushed Constable Pyara Jeevan Toppo and escaped. An FIR were registered against Shesh Kumar Sahu and Applicant/Kamlesh Sahu u/s 121 (1), 132, 262, 3(5) of the BNS at P.S. Chakradharnagar. 3. It has been argued by learned counsel for the applicant that applicant’s uncle namely Shesh Kumar Sahu was wanted in a criminal case and it is alleged that the applicant had tried to intervene in the arrest of the uncle of the applicant when the 3 police wanted to arrest him and the uncle of the applicant has moved MCRCA No. 883/2025 before this Court same was rejected on 20/06/2025, against which the uncle of the applicant has moved SLP (Crl.) No. 9804/2025 in which his arrest has been stayed by the Apex Court on 11/07/2025. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicant and also considering the fact that the uncle of the applicant has moved MCRCA No. 883/2025 before this Court, same was rejected on 20/06/2025, against which the uncle of the applicant has moved SLP (Crl.) No. 9804/2025 in which his arrest has been stayed by the Apex Court on 11/07/2025 and the fact that investigation and trial are likely to take time, 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 – Kamlesh Sahu, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri