1 2025:CGHC:60034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1944 of 2025 Rahul Sodhiy S/o Narayan Singh (Correct As Per Page No. 6) Aged About 22 Years R/o Barkhedi, Rajgarh (M.P.) ...Applicant versus State Of Chhattisgarh Through Police Station Padmnabhpur, District Durg (C.G.) ... Respondent For Applicant : Mr. Akash Hanspal and Mr. K.K. Khatri, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. A.G Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.12.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 344/2025 registered at Police Station – Padmnabhpur, District Durg (C.G.) for the offence punishable under Section 318(4) & 3(5) of the BNS. 2. The prosecution's story in brief, a crime was registered against the applicant at Police Station Padmanabhpur, District Durg (CG) with the intention of getting jobs by cheating the applicants/reporters and others VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 12:08:11 +0530 2 by taking money from them, on which the police is trying to arrest the applicants, due to which an anticipatory bail application was presented before the Honorable Seventh Additional Sessions Judge, District Durg (CG) to get released on anticipatory bail, which the Honorable Seventh Additional Sessions Judge, District Durg (CG) rejected the anticipatory bail application after finding prima facie evidence in the Honorable Court, being aggrieved by this, a bail application has been presented in the Honorable Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that an offence has been registered against the applicant under Sections 318(4) and 3(5) of the BNS, however, the ingredients of these sections are not attracted in the present case, and no breach of law has been committed by the applicant, making the case unsustainable. Although a prima facie case appears from the prosecution version, serious errors have been committed during the investigation, and the Investigating Officer, in conspiracy with an independent prosecution witness, is acting out of previous enmity and misusing the government machinery. The local Police Station, Padmanabhpur, District Durg (C.G.), is making efforts to arrest the applicant even though the alleged offence is neither punishable with life imprisonment nor with death, and the trial is triable by the Court of the Chief Judicial Magistrate, District Durg. The applicant is innocent and has been falsely implicated in a baseless case founded merely on suspicion. He is a respectable citizen of his family and society, and his arrest would cause irreparable harm to his reputation and family, apart from exposing him to habitual offenders and causing mental distress. The applicant undertakes that, if granted 3 bail by this Hon’ble Court, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the materials available on record. 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 – Rahul Sodhiy, on executing a personal bond and one local 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. (d) the applicant and the surety shall submit a copy of his 4 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