1 2025:CGHC:52572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1645 of 2025 Prashant Chandrakar S/o Shri Chaowaram Chandrakar Aged About 25 Years R/o Ward No. 04, Basula Dabri, Mahasamund (C.G.), Present R/o Housing Board Colony, Boriyakala, P.S. Mujgahan, Distt.- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station D.D. Nagar, Distt.- Raipur (C.G.) ... Respondent For Applicant : Shri Aditya Tiwari, Advocate. For Respondent/State : Ms. Vaishali Mahilong PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28/10/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 10:51:29 +0530 2 with Crime No.436/2025, registered at Police Station D.D. Nagar, Raipur (C.G.) for alleged commission of offence punishable under Sections 333, 324 (4), 296, 351 (2), 115(2) R/w 3 (5) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 20.09.2025 a FIR was lodged by one complainant Jagdish Prasad Bandhav (Director of Gajanand Education Institute & career counselor) alleging that, on 19.09.2025 he received a call from his office that the applicant along with one Prashant Goswami and others, have trespassed into his office and vandalized it. Later, when complainant arrived, he saw the applicant and others have already damaged his office's furniture and equipment's and further when he tried to stop them, he was assaulted by the hands and fists and sustained injuries. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the applicant had no role in the alleged incident, and the FIR has been registered only to harass him. It is submitted that the applicant, a 25-year-old student and member of NSUI, is actively involved in student welfare and social work. The dispute arose after two students, namely Shivendra and Saurabh, lodged a complaint against the complainant’s institute for taking fees without providing degrees.The applicant had merely accompanied these students to the police station to assist them in filing their complaint. He would submit that the complainant, to avoid 3 refunding the fees, has concocted a false case against the applicant in collusion with police authorities. It is further submitted that the applicant is a student with no criminal antecedents, and his arrest would cause irreparable harm to his education and career. He is a permanent resident of District Raipur and there is no likelihood of absconding or tampering with evidence, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. She would submit that the applicant has two criminal antecedents out of which one is under the IPC of the year 2022 and another is under the Excise Act of the year 2025, therefore he is a habitual offender and is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, material available on record, considering the fact that applicant has two criminal antecedents out of which one is under the IPC of the year 2022 and another is under the Excise Act of the year 2025, as such he is a habitual offender and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant. 4 7. Accordingly, the anticipatory bail application of the applicant - Prashant Chandrakar, involved in Crime No.436/2025, registered at Police Station D.D. Nagar, Raipur (C.G.) for alleged commission of offence punishable under Sections 333, 324 (4), 296, 351 (2), 115(2) R/w 3 (5) of BNS, 2023, is rejected. Sd/- Sd S Sd/- (Ramesh Sinha) Chief Justice gouri