1 2025:CGHC:51482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1599 of 2025 Roman Kumar Mahajan S/o Rajendra Kumar Mahajan, Aged About 28 Years R/o Village Ghonghadeeh, Police Station Kota, District Bilaspur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Baldau Prasad Banjare, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 833/2025 registered at Police Station – Kota, District Bilaspur (C.G.) for the offence punishable under Sections 126(2), ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 19:33:26 +0530 2 296, 351(2), 119(1), 191(2) and 309(4) r/w Section 3(5) of the BNS. 2. Prosecution case in brief is that on 24.08.2025, the complainant Shubham Shriwas lodged a report at Police Station Kota, stating that on 23.08.2025, while he was returning from Ghutku Nawapara, and when he reached near the plot of Suresh Tiwari, beside the Ganiyari Liquor Shop, at about 9:30 PM, three unknown persons arrived on a motorcycle, stopped him, abused him in filthy language, assaulted him, and looted his mobile phone along with a cash amount of Rs.10,000/-. Based on the said complaint, the aforesaid crime was registered. The name of the present applicant surfaced subsequently during the investigation, on the basis of the memorandum statements of the co-accused Vikram Banjare and Dujram Khande and the case was registered against the present applicant. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the alleged offence. He further submits that the applicant has neither committed nor participated in any act constituting the alleged offences. His name has been falsely implicated only on the basis of the memorandum statements of the co-accused persons. The FIR was originally lodged against unknown persons. The applicant is employed with Cambridge Company, Raipur, as an Electricity Operator at 3 Lingiyadeeh Sub-Station and was on duty from 9:00 PM to 9:00 AM on the date of the alleged incident, which is evident from the service certificate and attendance register. The complainant has also filed an affidavit stating that the applicant was not present at the place of occurrence. Hence, the applicant has been falsely implicated, and his arrest would unjustly affect his employment and livelihood. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and submits that anticipatory bail application should be accepted exceptionally in such cases in which prima facie involvement in the crime is not shown whereas in this case, the name of the applicant has been mentioned in the FIR according to the memorandum statement of main accused namely Vikram Banjare and Dujram Khande. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it transpires that the present applicant has been implicated only on the basis of the memorandum statements of the co-accused persons. The applicant is employed with Cambridge Company, Raipur, as an Electricity Operator at Lingiyadeeh Sub-Station and was on duty from 9:00 PM to 9:00 AM on the date of the alleged incident, which is evident from the 4 service certificate and attendance register. Furthermore, the complainant has also filed an affidavit stating that the applicant was not present at the place of occurrence. As such, this Court deems it fit to grant benefit of anticipatory bail to the applicant observing that the case of the present applicant is distinguishable from that of the main accused namely- Vikram Banjare and Dujram Khane. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Roman Kumar Mahajan, on executing a personal bond with 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 should 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 Court. (b) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek