1 2026:CGHC:6075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 176 of 2026 • Mohd. Yasir Bhati S/o Rustam Bhati Aged About 24 Years R/o Paras Nagar, Near Masjid, Police Station Ganj, District- Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station, Moudahapara District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sumit Singh Rathore, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 1. This is the First 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.240/2018 registered at Police Station – Moudahapara, District – Raipur (C.G.) for the offence punishable under Section 507 of Indian Penal Code. 2. The case of the prosecution, is that 15-11-2018, the complainant namely Mohd. Husain lodged complaint against the unknown person alleging that on 07-11-2018, some unknown person from phone No.83490-29284 had called the complainant on his phone No.99713- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.04 11:20:42 +0530 2 09036 and abused him and threatened him to kill. Based on the complaint, the police conduct investigation and thereafter on 08-12- 2018, registered the crime bearing crime No.240/2018 against the unknown person for the offence punishable under section 507 of IPC. Subsequently the applicant was made accused in the above- mentioned crime. Later on, the applicant moved application under section 438 Crpc (Now 482 BNSS) for grant of anticipatory bail before the Learned Trial Court. The learned Trial Court allowed the application of the applicant vide order dated 10-04-2019 and directed to furnish bail bond of Rs.5,000. Subsequently due to non- appearance of the applicant, the learned Court on 14-06-2023 had issued arrest warrant against the applicant, against which the applicant through his counsel moved application under section 70(2) of Crpc before the Learned Court which was also rejected by the Learned Court vide order dated 23-08-2025. Subsequently, the applicant filed the application under section 482 BNSS before Learned Court which was rejected vide order dated 11-12-2025. Hence, this anticipatory bail 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that on 15.11.2018, the complainant, namely Mohd. Husain, lodged a complaint against an unknown person alleging that on 07.11.2018, an unknown person had called him from mobile number 83490-29284 on his mobile number 99713-09036, abused him and threatened to kill him. On the basis of the said complaint, the police conducted an investigation and thereafter, on 08.12.2018, registered Crime No.240/2018 against an unknown person for the offence punishable under Section 507 of the Indian 3 Penal Code. Subsequently, the present applicant was made an accused in the said crime. It is further submitted that the applicant had moved an application under Section 438 of Cr.P.C. (now Section 482 of BNSS) for grant of anticipatory bail before the learned trial Court, which was allowed vide order dated 10.04.2019, directing the applicant to furnish a bail bond in the sum of Rs.5,000/-. Thereafter, due to non-appearance of the applicant, the learned trial Court issued an arrest warrant against him on 14.06.2023. Against the said warrant, the applicant moved an application under Section 70(2) of Cr.P.C., which was rejected vide order dated 23.08.2025. Subsequently, the applicant filed an application under Section 482 of BNSS, which was also rejected vide order dated 11.12.2025. Learned counsel submits that the applicant is now ready and willing to appear before the trial Court on the date fixed and to cooperate with the proceedings. Hence, a prayer is made for grant of anticipatory bail. 4. Learned counsel for the State would oppose the bail application of the applicant and submits that although the applicant was granted the benefit of anticipatory bail earlier vide order dated 10.04.2019, he failed to comply with the conditions of bail and remained absent before the learned trial Court, compelling the Court to issue an arrest warrant against him on 14.06.2023. It is further contended that the conduct of the applicant clearly reflects his disregard for the process of law. The subsequent applications moved by the applicant under Section 70(2) of the Code of Criminal Procedure and Section 482 of the Bharatiya Nagarik Suraksha Sanhita were also rejected by the learned trial Court vide orders dated 23.08.2025 and 11.12.2025 respectively, therefore he is not entitled for grant of anticipatory bail. 4 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has undertaken to appear before the trial Court on 17.02.2026, and to cooperate with the proceedings, this Court is of the considered opinion that the applicant deserves the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohd. Yasir Bhati 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) 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. 8. However, this Court hopes and trusts that the learned trial Court shall proceed in accordance with law and conclude the trial expeditiously, preferably within a period of three months from the date of receipt of the this order. It is made clear if the applicant fails 5 to appear before the trial Court as directed above, the present anticipatory bail granted to him shall automatically stands cancelled and necessary consequences would follow. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali