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2025 DAILYLAW 49074 (CHH)

RUPNARAYAN EKKA v. STATE OF CHHATTISGARH

MCRCA/1964/2025 · 2025-12-14

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Judgment text

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1 2025:CGHC:61052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1964 of 2025 • Rupnarayan Ekka S/o Pyara Ekka Aged About 45 Years Occupation- Social Worker, R/o Village- Basen, Police Station- Kansabel, Tahsil- Bagicha, District : Jashpur, Chhattisgarh ...Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Kunkuri, District : Jashpur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. D.N. Prajapati, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.103/2025, registered at Police Station – Kunkuri District – Jashpur (C.G.) for the alleged commission of offence punishable under Sections 299, 353(2) of BNS, 2023. 2. The case of the prosecution in brief is that on 13.04.2025, the applicant has posted obscene and derogative messages in social VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:08 +0530 2 media regarding Hindu Female and thereby disgraced the feelings of Bramhan and Hindu Society. The report to the above effect was lodged by complainant Deepak Mishra the Chairman of Bramhan Society, Jashpur at Police Station, Kunkuri, where the offence U/s 103/2025 for offence U/s 121(1), 132, 221 & 223 of B.N.S. have been registered against the applicant, hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that applicant has not insulted the social feeling of any society and he has never posted any obscene words in social media with intention to insult any faith or feeling of female of Hindu or Bramhan Society. He also submits that due to some political reasons and with intention to downgrade the image of applicant in the society, the chairman of Bramhan Society, Jashpur has lodged false and fabricated report against the applicant and further the investigation and trial is in progress. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicant has two criminal antecedent bearing crime No.73 of 2024 in which he has been granted bail by learned trial and one other crime No. 91 of 2025 registered at Police Station- Patthalgaon, District-Jashpur(C.G.) for the offence punishable under Sections 121(1), 132, 221 and 223 of BNS and he has been granted bail by this Court in MCRC 3 No.4392 of 2025 vide order dated 04.07.2025, it appears that applicant is a habitual offender and he has misused the liberty of bail granting him earlier, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, considering the fact that applicant posted obscene and derogative messages in the social media regarding Hindu woman which certainly caused disgraced the feelings of the people belonging such class and also the applicant was involved in a similar case which was registered as case crime No.91 of 2025 registered at Police Station- Patthalgaon, District-Jashpur(C.G.) for the offence punishable under Sections 121(1), 132, 221 and 223 of BNS and he has been granted bail by this Court in MCRC No.4392 of 2025 vide order dated 04.07.2025, it appears that applicant is a habitual offender and again indulged in a same case and he has misused the liberty of bail granting him earlier, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the anticipatory bail application of the applicant– Rupnarayan Ekka filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.103/2025, 4 registered at Police Station – Kunkuri District – Jashpur (C.G.) for the alleged commission of offence punishable under Sections 299, 353(2) of BNS, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali