1 2025:CGHC:58441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1889 of 2025 Durgesh Singh S/o Vinay Singh Aged About 29 Years R/o Ward No. 1 Virendra Nagar, Saraipali, Police Station Saraipali, District Mahasamund C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District Mahasamund C.G. ... Respondent For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 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.309/2025 registered at Police Station – Saraipali District - Mahasamund (C.G.) for the offences punishable under Sections 115(2), 351(2), 309(6) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case in brief is that on 03/11/2025 in the night at about 11.00 O'clock the complainant lodged the written report before VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.03 12:05:23 +0530 2 policestation Saraipali, District Mahasamund (C.G.) It is alleged that the complainant along with his driver namely Hemsagar Pradhan driving the vehicle bearing registration No. C.G. 04-HA-2047 and they are coming in Saraipali near Sandhya Dhaba village Harratar of Kotwar of Daily needs shop for taking Gutka Pouch and drinking water and stopped. Wherein Hitesh Padhi, Bhupendra Bhoi, Keshar Mirjaand Monu Rajput, Durgesh Chouhan were sitting in Mahalpara earlier. Then the driver Hemsagar taking Gutka and drinking water at that time he was coming to his vehicle then Kesar Mirja stated to Hemsagar Pradhan today you are much flying (tu bahut ud raha hai) saying it slapped and Bhupendra Bhoi @ Sonu dashed and came near the vehicle of Hemsagar ten the Hitesh Padhi stated that he will drive the vehicle you are sitting in back side and he himself sitting in driver seat. Thereafter Hitesh was driving the vehicle and they reached in Ghanteshwari Temple and taken u turn towards Chhuipali Tol Plaza reached. On the way all of together committed marpit with the help of hand and fist to Hemsagar Pradhan and also Bhupendra Bhoi given threatening him that you pay Rs. 5000/-through online if you do not pay the payment then you will beat also and bring out the Mobile Phone from his packet of paint ie. Mobile Phone Company Samsungh Galaxy A 14 in which sim card No. 9340299056 and one paid Mobile No. 9770799990 being attached and Rs. 8500/- snatched from his left packet of paint and thereafter they ran away from the spot. On the basis of such compliant lodged by the complainant before police station Saraipali. The concerned police station investigated the matter and registered the crime for an offence punishable under section 115(2), 3 351(2), 309(6), 3(5) of Bharatiya Nyay Sanhita 2023 against the applicants. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the entire case against him is based merely on suspicion, and even as per the complainant’s report, the alleged amount and mobile phone were stolen during the driving of the vehicle, but solely on the basis of the memorandum, the applicant has been implicated; that no overt act or intention to commit the alleged offence is attributable to the applicant, and the offences under Sections 115(2), 351(2), 309(6), 3(5) of the Bharatiya Nyay Sanhita, 2023 are not made out against him by any stretch of imagination that the applicant has no previous criminal record, is a rural resident, and is the sole earning member of his family, and if he is sent to jail, his family will suffer severe hardship, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the case diary reveals that the applicant, along with the co-accused persons, assaulted the complainant, forcibly took control of his vehicle, and committed robbery of two mobile phones and Rs.8,500. It is further submitted that, as per the report of the Station House Officer, Saraipali, the applicant has been absconding since the date of the incident, which clearly indicates his non-cooperation in the investigation. Considering the gravity of the offence, the active involvement of the applicant, and the likelihood of hindrance to the ongoing investigation, therefore, he is not entitled to the grant of anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the material contained in the case diary, and the allegation that the applicant/accused, along with the co-accused persons, assaulted the complainant, forcibly took control of his vehicle, and robbed him of two mobile phones and Rs.8,500, this Court finds the accusations to be of a serious nature. It is further noted from the report submitted by the Station House Officer, Saraipali, that the applicant has been absconding since the date of the incident, which prima facie indicates his non-cooperation with the ongoing investigation. The abscondence of the applicant also reflects the likelihood of his evading due process of law and potentially obstructing the fair and proper progress of the investigation. In view of the gravity of the alleged offences, the conduct of the applicant, and the reasonable apprehension that granting anticipatory bail may adversely affect the investigation, this Court is not inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Durgesh Singh, involved in Crime No.309/2025 registered at Police Station – Saraipali District - Mahasamund (C.G.) for the offences punishable under Sections 115(2), 351(2), 309(6) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav