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2026 DAILYLAW 12220 (CHH)

RUDRDAS VAISHNAV v. STATE OF CHHATTISGARH

MCRCA/105/2026 · 2026-01-18

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Judgment text

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1 2026:CGHC:3063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 105 of 2026 1 - Rudrdas Vaishnav S/o Rahul Das Vaishnav, Aged About 19 Years R/o. Mamta Nagar, Kalika Chowk, Rajnandgaon, District Rajnandgaon C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kotwali Rajnandgaon, District Rajnandgaon C.G. ... Non-applicant For Applicant : Mr. Ishaan Verma, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 19/01/2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.484/2025 registered at Police Station – Rajnandgaon, Kotwali, District – Rajnandgaon (C.G.) for NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.01.20 17:27:49 +0530 2 the offence punishable under Sections 115(2), 296, 3(5), 351(2), 324(4), 333 and 191(2) of BNS, 2023. 2. Prosecution case in brief is that the complainant Ajay Singh Rajput lodged a complaint on 07.09.2025 stating that at around 7:00 a.m., due to old enmity and love affair, the accused Ajay Mishra along with his companions assaulted him, threatened to kill him and abused his mother and sister with filthy words. On the said complaint, a case was registered against him under Section 115(2), 296, 351(2), 3(5) of IPC and during investigation, based on the statements of the applicant and witnesses, Sections 333, 324(4) and 191(2) of IPC were also registered. As per the statement of the applicant, other accused persons were also involved in the said matter and their formal arrest was shown while they were already in judicial custody in Crime No.486/2025, it is alleged that in a supplementary memorandum statement of a co-accused, the name of the present applicant Rudra Vaishnav surfaced to the effect that he along with other persons went to the house of the complainant Ajay Rajput, assaulted him, and went inside the house and abused him, threatened to kill him and the said allegation was sought to be corroborated by another memorandum statement. On the basis of which, a case was registered against the applicant Rudra Vaishnav under Section 115(2), 296, 351(2), 3(5) 333, 324(4) and 191(2) of BNS, 2023. 3 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the name of the applicant is not in the FIR and only on the basis of memorandum statements of the co-accused, he has been implicated. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case and also considering the fact that the applicant was not named in the FIR and his implication has been made solely on the basis of memorandum statements of the co-accused, and further taking into consideration that the applicant has no criminal antecedents and he is not a habitual offender, therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rudrdas Vaishnav, 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:- 4 (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 him 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 involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Nikita