1 2025:CGHC:51191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1584 of 2025 Phuljens Ekka S/o Paulus Ekka Aged About 63 Years R/o Village - Jamchuan, Police Station Narayanpur, District Jashpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Bagicha, District : Jashpur, Chhattisgarh ... Respondent For Applicant : Shri Ashish Gupta, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/10/2025 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.196/2025 registered at Police Station – Bagicha, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.15 14:34:17 +0530 2 District-Jashpur (C.G.) for the offences punishable under Sections 196(1), 299 of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 28.08.2025 at about 8.00 PM, the applicant has uploaded objectionable comment and post in the Facebook account, thereby defamed the Hindu faith and religion and also tried to encourage the animosity against the religious faith. 3. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in this case.He would submit that the applicant has never uploaded any objectionable comment or post on his Facebook account and the applicant has not made any statement or post defaming the Hindu religion or promoting religious enmity. He would submit that the applicant is 63 years old, suffering from age-related infirmities, and his pre- trial detention would seriously affect his physical and mental health. He would submit that the applicant is a permanent resident of the address mentioned in the cause title, possessing both movable and immovable property, and there is no likelihood of his absconding or tampering with prosecution witnesses, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, material available on record, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Phuljens Ekka, 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) The applicant 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 Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 4 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri