1 2025:CGHC:53888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1692 of 2025 Debashish Mukherjee S/o Mahendra Nath Mukharjee Aged About 26 Years R/o Ward No. 12, Nehru Nagar, Behind TrafÏc Police Station, Bhilai 03, District Durg (C.G.) (Applicant And His Father Name Is Wrongly Mentioned In Cause Title Of Impugned Order And Correct Name Of Applicant Is Debashish Mukherjee And Father's Name Mahendra Nath Mukherjee ) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Grp Bhilai District Durg (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Rohitashva Singh, Advocate. For Non-applicant(s) : Mr. Saumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.11.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.68/2025 registered at Police Station – GRP Bhilai, District- Durg (C.G.) for the offence punishable under Sections 309(6), 3(5) of B.N.S. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case, in brief, is that the incident took place on 17.08.2025 at about 10:00 PM. The complainant, Smt. Kumud Patel, lodged a report stating that she had gone to Mittal Hospital for dialysis and after the procedure, her brother Akash Shrivastava came to drop her home. At that time, one young man named Bhupendra Bhardwaj, along with four other persons, suddenly arrived and snatched a Rs. 500/- note and the dialysis slip from her bag. When she raised an alarm, the said accused stopped his vehicle and twisted her arm, causing damage to her fistula, which is used for dialysis. Thereafter, he took an iron rod from his bike and struck her, causing injury to her head. When her brother tried to rescue her, all the accused persons, who appeared to be under the influence of alcohol, abused them and forcibly entered into the boundary wall of the house. When several people from the neighbourhood gathered at the spot, the accused persons fled, leaving behind their motorcycle bearing registration number CG 07 LS 8159. Based on the said report lodged by the complainant, the aforesaid offences were registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has not committed the alleged offence, he has been falsely implicated in the present case. It is contended that no prima facie case is made out against the applicant, as his name does not find mention in the FIR. The FIR was lodged only against the main accused Bhupendra Bhardwaj, and the 3 applicant’s name has surfaced later merely on the basis of a memorandum statement given by the said co-accused. It is further submitted that continuation of the criminal proceedings against the applicant would amount to an abuse of the process of law. He further points out that the co-accused Dushyant Das has already been granted bail by this Court vide order dated 14.10.2025 in MCRC No. 8157/2025, and the main accused Bhupendra Kumar Bhardwaj has also been released on bail by the Court of the 7th Additional Sessions Judge, Durg, vide order dated 16.10.2025. It is urged that the applicant has been implicated solely on the basis of the memorandum of the co-accused, without any independent evidence linking him to the commission of the crime. It is also submitted that the applicant’s mother is suffering from a serious heart ailment and other health complications and the applicant being her only son is solely responsible for her care, medical documents evidencing her treatment are filed as Annexure A/4. On these grounds, it is prayed that the present applicant be extended the benefit of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that the applicant’s name has come to light during the course of investigation on the basis of the memorandum statement of the main accused, which reveals his involvement in the commission of the offence. It is further submitted that the allegations are serious in nature, involving assault and misappropriation, and investigation is still in progress. 4 Hence, at this stage, granting anticipatory bail to the applicant may adversely affect the investigation, and therefore, the applicant is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations levelled against the present applicant and the fact that his name has not been mentioned in the FIR and has surfaced only on the basis of the memorandum statement of the co- accused, further considering that the main accused Bhupendra Bhardwaj has already been granted bail by the learned trial Court and co-accused Dushyant Das has been granted bail by this Court in MCRC No.8157/2025, vide order dated 14.10.2025 and further considering that the applicant’s personal circumstances that his mother is suffering from serious health ailments and requires his care and further he has no criminal antecedent, thus, without further commenting anything on 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- Debashish Mukherjee, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on anticipatory 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 5 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 their 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal