1 2025:CGHC:38837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1190 of 2025 Akash Tiwari S/o Upendra Tiwari Aged About 35 Years R/o Anand Vihar Bhathagaon, Police Station Purani Basti, Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station D.D. Nagar, Raipur, District Raipur Chhattisgarh ... Respondent For Applicant : Ms. Deepali Pandey, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2025 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.251/2025 registered at Police Station – D.D. Nagar, Raipur, District Raipur (C.G.). for the offence punishable under Sections 296, 351 (2), 115 (2), 333 Read with Section 3 (5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant Rishash Soni has lodged report on 21-06-2025 that at Bazar Chowk Changorabhatha at 15.30 hrs, Harsh Shukla, Yash Patle, Akash Tiwari GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.06 17:39:53 +0530 2 entered in the shop and said what your father has told that he has to give 50,000/- and demanded that all three of them that Rs.70000- 80000/- had to be returned, he refused to give money and all three of them entered to shop and give filthy abuses and gave threat to kill him and the accused Harsha Shukla and Yas Patle had beaten to the complainant, in which he received injuries in the forehead, left hand and right hand and silver plate and Kathori was thrown here and there. 3. It has been argued by learned counsel for the applicant that the applicant is said to have been standing at the place of occurrence whereas the victim was assaulted by two other co-accused Harsh Shukla and Yash Patle, therefore, she submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and she would submit that there is no criminal antecedents of the applicant. 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 and also considering the fact that applicant is said to have been standing at the place of occurrence whereas the victim was assaulted by two other co-accused persons Harsh Shukla and Yash Patle, case of the applicant is distinguishable from the said two co-accused persons and there is no criminal antecedents against the applicant, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Akash Tiwari 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 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