1 2025:CGHC:42787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1281 of 2025 Abhishek Sahu S/o Khemkaran Sahu, Aged About 25 Years R/o- A/856, Ward No. 55, Purana Dhamtari Road, Brijdham Plastic Factory, Hanuman Nagar, Raipur, District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station- Civil Lines Raipur, District Raipur (C.G.). ... Non-applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 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.280/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections under Section 281, 296, 115(5), 351(2), 126(2), 3(5), 61, 62 & 140 of BNS 2023. 2. The prosecution case, in brief, is that on 19.06.2025, while the complainant was driving his car (CG 04 MD 7842) from Nagar Nigam Raipur towards Shankar Nagar, two unknown persons on an Activa VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 11:33:38 +0530 2 scooter followed him, stopped his car near Burger King, abused, threatened to kill him, and assaulted him with some object, causing bleeding injuries. On the basis of his oral complaint, offences under Sections 115(2), 126(2), 281, 296, 3(5), and 351(2) of the BNS, 2023 were registered. During investigation, co-accused persons Sheikh Sameer Ahmed, Adil Ahmed, Amirul Kareem and Mohammad Sadab @ Saddu were examined, and in their memorandum statements it was revealed that the assault was carried out at the behest of applicant Abhishek Sahu, leading to addition of Sections 61, 62 and 140 BNS. In his supplementary statement, the complainant further alleged that accused Poshan Chandrakar, with whom he had a prior financial and political dispute, conspired with the co-accused to kidnap and murder him, and that the incident was pre-planned as per CCTV footage showing surveillance on him prior to the attack. 3. The applicant submits that he is innocent and has been falsely implicated in the present case, as his name does not appear in the FIR and has surfaced only on the basis of the memorandum statement of co-accused Amirul Kareem, who has already been enlarged on bail by the learned Court below. It is pointed out that even in the supplementary statement of the complainant recorded under Section 161 CrPC, no allegation or specific role has been attributed to the applicant, who is otherwise not known to the complainant. The entire case against the applicant rests only on the memorandum of the co- accused, wherein it is merely stated that another co-accused informed Amirul that the applicant had asked to commit an act against the complainant, and Amirul allegedly provided his Activa for the same. Beyond this, there is no material evidence or circumstance connecting 3 the applicant with the alleged offence, and his false implication is solely on suspicion. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present 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, it is noted that the applicant has been implicated in the present case only on the basis of the memorandum statement of co-accused Amirul Kareem. Moreover, the injured is stated to have sustained injuries on account of an accident. Therefore, without expressing any opinion on the merits of the case, this Court is 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 – Abhishek Sahu, 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 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. 4 (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