1 2025:CGHC:36910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1124 of 2025 Shesh Kumar Sahu S/o Late Lal Say Sahu Aged About 50 Years R/o Village - Patarapara, P.S. And Tehsil Dharamjaigarh Distt. Raigarh , Chhttisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer P.S. Chakradharnagar Distt. Raigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Piyush Bhoi, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.07.2025 1. The applicant has preferred the second anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.208/2025, registered at Police Station – Chakradharnagar, District – Raigarh(C.G.) for the alleged commission of offence punishable under Sections 121(1),132, 262 and 3(5) of the BNS. 2. As per the prosecution story, an incident involving the accused Shesh Kumar Sahu (Accused in Crime No. 141/2025 u/s 37 of E.C. Act, as well as u/s 316(5) & 3(5) of the B.N.S.) occurred, during which the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.29 18:57:44 +0530 2 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 at P.S. Chakradharnagar against Shesh Kumar Sahu and Applicant/Kamlesh Sahu u/s 121 (1), 132, 262, 3(5) of the BNS. The Co-accused / Kamlesh Sahu, Nephew of the applicant has been grant bail by this Hon'ble High Court in MCRCA no. 1051/2025. 3. The applicant is innocent and has been falsely implicated in a criminal case. He submits that the police to conceal their misconduct. He has never fled and was only taken for medical emergencies. The applicant has not committed any crime; the co-accused, Kamlesh Sahu (his nephew), has already been granted bail by this Hon'ble Court (MCRCA No. 1051/2025 – Annexure A/3). The applicant is a respected member of his community, and arresting him would severely harm his reputation and mental well-being. The learned court below failed to appreciate that the prosecution has not established the charges under Sections 121(1), 132, 262, and 3(5) of the BNS against him. The rejection of anticipatory bail lacks practical and legal basis, 3 especially considering the applicant’s medical condition. There is a risk of arbitrary arrest by the police, which would cause irreparable harm to the applicant’s reputation and mental health. Since the trial will take time, it is undesirable to arrest and detain the applicant prematurely. 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 submissions made by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary further, noting that the co-accused person, Kamlesh Sahu, has already been granted bail by this Court vide order dated 18.07.2025 passed in MCRCA No. 1051 of 2025, without further commenting on the merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shesh Kumar Sahu, 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 4 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/- (Ramesh Sinha) Chief Justice vaibhav