1 2025:CGHC:4524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 131 of 2025 Sandeep Kumar Kashyap S/o Shobharam Kashyap Aged About 27 Years R/o Village- Bagharra, P.S. Kunda, Dist.- Kabirdham, C.G. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Lormi, Dist.- Mungeli, C.G. ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 242/2024 registered at Police Station – Lormi, Dist.- Mungeli (C.G.) for the offence punishable under Sections 341, 294, 506, 354, 354-D of Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that an offence is registered against one Vimal Chandrakar under Sections 341, 294, 506, 354, 354-D of Indian Penal Code (In short, IPC). In the P.S. Lormi, District - Mungeli PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:18 +0530 2 and during the investigation of the above said matter the Police came to know the name of applicant, thereafter searched his whereabouts and sent notice to his family, upon unable to trace the present applicant, to cooperate in the investigation. The Police are in search of the applicant. On coming to know about the registration of offence, the applicant has preferred an application under Section 482 of the B.N.S.S. (wrongly mentioned as 438 Cr.P.C. in the order-sheet) for grant of anticipatory bail, however, the learned trial Court has rejected the said application vide order dated 13.01.2025, therefore, the necessity of this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the anticipatory bail application of the co-accused, namely, Vimal Chandrakar was rejected vide order dated 24.07.2024 passed in MCRCA No.815/2024 against which the said accused preferred SLP before the Hon’ble Apex Court and arrest has been stayed and the matter is subjudice before the Hon'ble Apex Court and stated that there is an allegation against the applicant also by the victim. It is further submitted there is an interim order in favour of the co-accused and the case of the applicant is identical. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel oppose the bail application. 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, nature and gravity of allegation leveled against the applicant, and the fact that the anticipatory bail application of the co-accused, namely, Vimal 3 Chandrakar was rejected vide order dated 24.07.2024 passed in MCRCA No.815/2024 against which the said accused preferred SLP before the Hon’ble Apex Court and his arrest has been stayed and the matter is subjudice before the Hon'ble Apex Court and there is an allegation against the applicant also by the victim, but considering the fact that there is an interim order in favour of the co-accused and the case of the applicant is identical, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sandeep Kumar Kashyap on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involved themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti