1 2025:CGHC:46891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1411 of 2025 • Shiva Dewangan S/o Heera Lal Dewangan, Aged About 27 Years R/o Ward No. 27, Polsai Para, Durg, Tehsil And District Durg (C.G.) ... Applicant versus • State of Chhattisgarh Through D.M. Durg, Through P.S. Padmanabhpur District Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Singh, Advocate For Respondent/State : Mr. Jitendra Shrivastava, G.A. and Mr. Nitnash Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 1. This Second 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.92/2025 registered at Police Station – Padmanabhpur, District-Durg (C.G.) for the offences punishable under Sections 308(2), 308(5), 111(2) and 3(5) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.15 17:42:36 +0530 2 2. The first anticipatory bail application filed by the applicant has been rejected by this Court in MCRCA No.818 of 2025, vide order dated 27.06.2025. 3. The prosecution story, in brief is that the complainant had lodged a written stating that his friend Pushpendra Kumar Patel is imprisoned in Central Jail, Durg since January 2024, who is beaten and abused by other prisoners in the jail. On 24.03.2025, the complainant received a phone call and was told that if he wished to save his friend, then he will have to send money of his friend will be killed inside the jail. Then, on 500 25.03.2025, Rs. 5000/- were sent on PhonePe number 7869018302, the holder's name was shown as Israel Kumar. After that, om 28.03.2025, 29.03.2025 and 30.03.2025 money was transferred from complainant's mobile number 8878456470. Further, it is alleged that demand of Rs. 1,00,000/- is being made to transfer the amount on UPI mobile numbers 8871325029, 8817210997 and 9640285420. His friend pushpendra was being continuously beaten and abused in jail along-with other prisoners, and money is being extorted from relatives in lieu of providing facilities to these prisoners. Based on the above written complaint, crime no. 92/2025 under Section 308(2), 308(5), 111(2),(5) of BNS was registered against the Applicant/accused and other co-accused persons. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the contends of the FIR do not make out a prima 3 facie case under Section 308(2), 308(5) 111(2) (B) and 3(5) of BNS against the applicant and the name of the applicant is not in the FIR. He further submits that applicant has no direct or indirect involvement in the crime alleged. He runs a hotel outside the police station and the officers used to come for tea and snacks and used to get money transferred into his account and in cash from him, the reason of which was never told to the applicant and there is delay of 2 months in lodging the FIR by the complainant without any plausible explanation as he has alleged that demand for money is being made since March 2025, therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available on record in the case diary, it appears that the applicant is involved in the crime in question, first bail application of the applicant was rejected by this Court vide order dated 27.06.2025 in MCRCA No. 818 of 2025 Therefore, I am not inclined to grant anticipatory bail to the applicant, further there appears to be no new ground. 8. Accordingly, the Second anticipatory bail application of the applicant– Shiva Dewangan filed under Section 482 of Bhartiya 4 Nagarik Suraksha Sanhita, 2023 involved in Crime No.92/2025 registered at Police Station – Padmanabhpur, District-Durg (C.G.) for the offences punishable under Sections 308(2), 308(5), 111(2) and 3(5) of BNS, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali