1 2025:CGHC:7762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 220 of 2025 Durgesh Singh S/o Vinay Kumar Singh Aged About 28 Years R/o Ward No.- 01, Saraipali, P.S. Saraipali District- Mahasamund Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District- Mahasamund Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Chandrasen Chouhan, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.307/2024 registered at Police Station Saraipali, District- Mahasamund (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 296, 308(2), 3(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the complainant filed a complaint at the concerned police station, alleging, inter-alia, that on the date of the incident, he was driving his truck loaded with sand to Saraipali. When he reached Ghanteshwari Mandir, three unknown persons arrived in a car, stopped his truck, and illegally demanded money. They also looted the truck's keys from him. Based on this complaint, the police arrested the present applicant, relying on the memorandum of his statement. A case was registered against the applicant under Sections 3(5) and 309(4) of BNS. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that one of the identical situated co-accused, namely, Bharat Meshram has already been granted anticipatory bail by this Court vide order dated 15.01.2025 in MCRCA No.72 of 2025, copy of which is annexed as Annexure A/2, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant alongwith other co-accused persons committed loot of truck’s key and illegally demanded money from the complainant, therefore, he is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that one of the co-accused persons, namely, Bharat Meshram has already been granted anticipatory bail by this Court vide order dated 15.01.2025 in MCRCA No.72 of 2025 and the case of present applicant is much better than that of the co-accused as the present applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Durgesh Singh, on executing a personal bond with one 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 4 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil