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2025 DAILYLAW 35640 (CHH)

PREMDAS BALAJI GEDAM v. STATE OF CHHATTISGARH

MCRCA/1079/2025 · 2025-07-27

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Judgment text

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1 2025:CGHC:36571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1079 of 2025 • Premdas Balaji Gedam S/o Balaji Kisan Gedam Aged About 42 Years R/o Village And Post Mudholi, Thana And District Chandrapur, Maharashtra ... Applicant versus • State Of Chhattisgarh Through P.S. Jashpur, Dist. Jaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudeep Johri, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.301/2022 registered at Police Station – Jashpur, District – Jashpur (C.G.) for the offence punishable under Sections 295A, 153A, 505 (1)(b) of BNS, 2023. 2. The complainant story in a nut shell is that Applicant/accused Premdas Balaji Gedam is accused of making derogatory comments on the revered deity of Hindu religion, Hanuman ji, and making objectionable and indecent comments about Brahmin community, great men of the country and the Hon'ble Supreme Court through a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:54 +0530 2 speech at the 21st Chhattisgarh State Convention held at Maharaja Chowk Community Hall on 04.09.2022, making statements causing public mischief, broadcasting such speech on social media Facebook and MN News Chhattisgarh, promoting enmity between different groups, adversely affecting the harmony between different groups. On the written complaint of the Raj Kapoor Ram Bhagat, the Jashpur Police Station has registered a crime under Crime No.-301/2022 and started investigation. 3. It has been argued by learned counsel for the applicant that in the present matter the investigation is pending from last three years and the police has not submitted the final report. As per the instruction, initially notice under Section 41 of the Cr.P.C. was issued on 15.12.2022 and, thereafter, another notice was issued to the applicant on 13.07.2025. It appears that when the applicant approach this Court for grant of anticipatory bail, by filing application on 12.07.2025, the police has subsequently issued another notice on 13.07.2025, in order to justify the delay caused in filing the final report and completion of investigation. 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 fact that notice under Section 41 of the Cr.P.C. was issued on 15.12.2022 and, thereafter, 3 another notice was issued to the applicant on 13.07.2025. It appears that when the applicant approach this Court for grant of anticipatory bail, by filing application on 12.07.2025, the police has subsequently issued another notice on 13.07.2025, in order to justify the delay caused in filing the final report and completion of investigation., 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 – Premdas Balaji , 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) 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali