1 2025:CGHC:52571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1634 of 2025 Prashant Goswami S/o Kapil Goswami Aged About 29 Years R/o House No. 3256, Near Dumartalab, Mathura Nagar, Aamanaka, Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station D.D. Nagar, Distt. Raipur C.G. ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28/10/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.436/2025, registered at Police Station D.D. Nagar, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.03 10:51:29 +0530 2 Raipur (C.G.) for alleged commission of offence punishable under Sections 333, 324 (4), 296, 351 (2), 115(2) R/w 3 (5) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 20.09.2025 a FIR was lodged by one complainant Jagdish Prasad Bandhav (Director of Gajanand Education Institute & career counselor) alleging that, on 19.09.2025 he received a call from his office that the applicant along with one Prashant Chandrakar and others, have trespassed into his office and vandalized it. Later, when complainant arrived, he saw the applicant and others have already damaged his office's furniture and equipment's and further when he tried to stop them, he was assaulted by the hands and fists and sustained injuries. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case at the instance of the complainant and the police and the applicant has no role in the alleged incident. It is submitted that the applicant, a 29-year-old student and active member of NSUI, has been targeted only because of his involvement in student welfare activities. The dispute arose when two students, Shivendra and Saurabh, lodged a complaint against the complainant’s institute for taking tuition fees without providing degrees. The applicant had merely accompanied them to the police station to support their grievance. He would further submit that the complainant, to avoid refunding the fees, has fabricated a false case against the 3 applicant. It is also submitted that the applicant is a student with no criminal antecedents, and his arrest would adversely affect his studies and career. He would submit that the applicant is a permanent resident of Raipur and there is no likelihood of absconding or tampering with evidence, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. She would submit that the applicant has three criminal antecedents which are under the IPC, out of which, one case is of the year 2020 and two cases are of 2025, therefore he is a habitual offender and is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, material available on record, considering the fact that applicant has three criminal antecedents which are under the IPC, out of which, one case is of the year 2020 and two cases are of 2025, as such he is a habitual offender and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant. 4 7. Accordingly, the anticipatory bail application of the applicant - Prashant Goswami, involved in Crime No.436/2025, registered at Police Station D.D. Nagar, Raipur (C.G.) for alleged commission of offence punishable under Sections 333, 324 (4), 296, 351 (2), 115(2) R/w 3 (5) of BNS, 2023, is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri