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2025 DAILYLAW 52134 (CHH)

ANJANA BAG @ SANJU v. STATE OF CHHATTISGARH

MCRCA/1368/2025 · 2025-10-09

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Judgment text

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1 2025:CGHC:50596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1368 of 2025 1 - Anjana Bag @ Sanju W/o Kanhai Charan Bag Aged About 49 Years R/o Bangali Colony, Behind Ravi Shankar Shukla University, Kukurbeda, Raipur C.G. 2 - Vashisth Bharati S/o Daniram Bharati Aged About 35 Years R/o Amanaka, Kukurbeda, Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, Raipur, District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Malay Shrivastava, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.10.2025 1. Today, the matter is listed on default that certified copy of the FIR has not been filed with the bail application. 2. On due consideration, the aforesaid default is waived off. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 3. With the consent of learned counsel for the parties, the matter is heard finally. 4. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.184/2025 registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Section 189, 298, 299 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 4 of Chhattisgarh Freedom of Religion Act. 5. Prosecution case in brief is that the complainant Ajay Netam lodged a written report alleging that the applicants came to his house and pressured him to convert his religion from Hindu to Christian. It is further alleged that the applicants abused Hindu Gods and Goddesses. The FIR has not been uploaded on the Citizen Portal by Police Station Saraswati Nagar, Raipur, as the case has been marked sensitive. Hence, the bail application. 6. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. He further submits that on 10.08.2025, while the applicants were conducting worship and prayer in the house of applicant No.2, around 150 members of Bajrang Dal entered the premises, assaulted and abused the applicants, including women, children, and senior citizens present there. He also submits that no activity 3 related to religious conversion was taking place in the house, hence he prays for grant of anticipatory bail to the applicants. 7. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants went to the house of the complainant and pressurized him to convert his religion from Hindu to Christian and also abused Hindu Gods and Goddesses, therefore, they are not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that two cases have been registered against the applicants by two different persons and in the present case, the allegation against them is that they went to the house of the complainant and allegedly pressurized him to convert his religion from Hindu to Christian, but considering the fact that they were conducting worship and prayer in the house of applicant No.2, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Anjana Bag @ Sanju and Vashisth Bharati, on executing a personal bond with one surety 4 each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil