1 2025:CGHC:40202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1217 of 2025 Meshram Pande S/o Ram Pande Aged About 30 Years R/o Village Lamisarar Tahsil- Bagbahra, P.S. Komakhan District Mahasamund C.G. ... Applicant versus State Of Chhattisgarh Through Police Of Police Station Komakhan District Mahasamund C.G. ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-applicant/State : Mr. S.S.Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.08.2025 1. This first 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.74/2025 registered at Police Station – Komakhan District – Mahasamund (C.G.) for the offences punishable under Sections 303(2) & 61(2) of BNS 2023. 2. As per the prosecution, In the present case, Crime number presented by Komakhan police stationCase diary of 74/2025 was observed. Date VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.12 11:30:57 +0530 2 on the accused as per case diary. On 12/07/2025, a case under Sections 303(2) and 61(2) of the BNS has been registered for removing/stealing the idol of Lord Hanuman belonging to the Hindu religion, installed on the vacant land by the applicant Bhuneshwar Sahu in village Seonikala, Police Station Komakhan, in conspiracy with other co-accused. From the perusal of the case diary, the incident of the applicant/accused involvement in the commission of the crime is shown. The alleged crime is punishable with imprisonment up to 05 years, in which if the applicant provides all necessary cooperation to the police officer in the investigation, then as per the legal provisions, he will not even be arrested, hence the fear of his arrest is baseless. Therefore, it does not seem appropriate to grant the benefit of anticipatory bail to the applicant/accused. In the result, the anticipatory bail application under Section 482 of the BNS filed by the applicant/accused Meshram Pandey is dismissed. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case.There is no material on record to establish that the applicant had the requisite mens rea to commit or assist in the alleged theft, and mere receipt of funds in his bank account is insufficient to infer intentional participation in a criminal conspiracy without supporting incriminating evidence such as communication records, financial gains, or active involvement. No digital footprint, such as call records or CCTV footage, has been produced to show that the applicant was operating or directing the transactions, nor has the investigation alleged that he participated in the original act of theft. His name does not appear in any victim complaints or transaction initiation records. In similar cases, courts 3 have granted bail where there was no direct evidence of involvement and the accused had cooperated with the investigation; the applicant stands on parity with such cases. The offence is non-violent, the applicant has no prior criminal record, has strong ties to his family and community, and is a permanent resident at the address stated in the cause title, ensuring no likelihood of absconding or tampering with witnesses. The applicant is willing to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the 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 of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Meshram Pande, 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