1 2025:CGHC:54368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1727 of 2025 Amit Dewan S/o. Ramesh Gopal Dewan Aged About 48 Years R/o. 2988, Galli Rai Bahadur, Shiv Sahai Mal, Ballimaran, Delhi G.P.O., North Delhi- 110006 ... Applicant versus State Of Chhattisgarh Through Station House O.cer, Police Station Sarkanda, Bilaspur, District – Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Shivesh Kaushik, Advocate appearing through Video Conferencing, as well as Mr. Sanjay Kumar Soni and Mr. Pravesh Sahu, Advocates. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. Awadh Tripathi, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07.11.2025 1. The applicants have preferred this Anticipatory Bail application under Section 482 of BNSS, 2023, apprehending their arrest in connection with Crime No. 561/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for alleged commission of o=ence punishable under Sections 420, 406, 384, 120B and 34 of the IPC. 2. Learned counsel for the Objector raised a preliminary objection regarding the maintainability of the present anticipatory bail application, stating that the applicant who has moved an anticipatory bail application before the trial Court, which was rejected by the trial Court on 15.09.2025 which is under challenge before this Court in the present bail application. But the present anticipatory bail application is not maintainable as the trial Court RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 has not decided the anticipatory bail application of the applicant on merits, as it apparent from the order dated 15.09.2025 by which the bail application of the applicant was rejected, to which learned counsel for the applicant submitted that the applicant had moved a transit bail before the High Court of Delhi and on 29.08.2025, the High Court of Delhi has granted him transit anticipatory bail till 27.10.2025 in Bail Application No.3314/2025. A copy of the order dated 29.08.2025 has been annexed with the present bail application as Annexure A-11, on page No. 99 to 100, and directed that the matter be listed against before it on 27.10.2025. 3. Learned counsel for the Objector has submitted that the complainant of the case has appeared before the High Court of Delhi and submitted that the anticipatory bail application which has been Bled by the applicant before the Court in Bilaspur, has been disposed of and submitted that as the interim protection has been granted to the applicant by the High Court of Delhi, the anticipatory bail before the Delhi High Court may not be entertained, and a copy of the order rejecting the anticipatory bail application by the Court of Bilaspur was produced before the High Court of Delhi and on the Objection raised by the Complainant/Objector, the transit bail was accordingly disposed of with the liberty to the applicant to apply afresh for anticipatory bail, in accordance with law vide order dated 27.10.2025. A copy of the same has been produced by the counsel for the applicant which is taken on record. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the fact that the anticipatory bail application of the application which was moved by him before the trial Court at Bilaspur, 3 has already been rejected on 15.09.2025 and the transit anticipatory bail which was allowed by the High Court of Delhi to the applicant till 27.10.2025 which has not been extended further. Furthermore, on the objection raised before the High Court of Delhi by the Objector and producing the order dated 15.09.2025 passed by the Court at Bilaspur before the High Court of Delhi. The High Court of Delhi vide order dated 27.10.2025, has observed that there was no merit of transit bail, hence, the applicant was given the liberty by High Court of Delhi to apply afresh for anticipatory bail, in accordance with law, and and said anticipatory bail application of the applicant Bled before the High Court of Delhi was disposed of by it on 27.10.2025. 6. As the present bail application of the applicant has been Bled against the order dated 15.09.2025 passed by the trial Court at Bilaspur, and from the perusal of the same, it transpires that the same has not been dismissed on merits by the trial Court. Hence, the present anticipatory bail application of the applicant – Amit Dewan, apprehending his arrest in connection with Crime No. 561/2025, registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for alleged commission of o=ence punishable under Sections 420, 406, 384, 120B and 34 of the IPC, is dismissed on this ground alone with that liberty to the applicant to approach the trial Court to get the matter be decided on merits, and thereafter, move a fresh application for grant of anticipatory bail before this Court, as was also observed by the High Court of Delhi vide order dated 27.10.2025, in accordance with law, so that the same may be decided on merits. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar