1 2026:CGHC:5273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 151 of 2026 Bhojkumar Mahesh S/o Shivdayal Mahesh, Aged About 61 Years Occupation Agriculture, R/o Village- Kharkena Police Station And Tahsil Dabhra, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Dabhra, District- Sakti (C.G.) ... Non-applicant For Applicants : Mr. Anand Desharwani, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.01.2026 1. The applicant has preferred the third anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.322/2025, registered at Police Station – Dabhra District – Sakti (C.G.) for the commission of offence punishable under Section 299 of the BNSS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.31 18:03:04 +0530 2 2. The prosecution's case in brief is that on 26.09.2025 a return application was filed by Serve Hindu Samaj through its applicant Tosh Kumar Patel that Bhoj Kumar Mahesh S/o Shiv Dayal Mahesh has sent a whatsup massage regarding Ma Durga which was indecend and derogatory comments regarding which a meeting was convined at Gayatri Mandir primises Dabhra where said Bhoj Kumar admitted his fault who said he received such massage through Progresive Satnami Society through mobile No. 7697454960 also admitted that he will give evidence to this extent. 3. It is respectfully submitted that the applicant is innocent and has been falsely implicated in the above-said case, and the allegations against him are unreliable, as the prosecution claim is based on an alleged message from a particular mobile number which does not belong to or was not used by the applicant. It is further submitted that the offences alleged are triable by the learned Judicial Magistrate First Class and are not of such gravity as to warrant custodial interrogation. The applicant has no previous criminal record and is, therefore, not a habitual offender. The applicant reserves his right to raise additional grounds at the time of hearing of the case. It is also submitted that the applicant shall not misuse the liberty of anticipatory bail and undertakes to abide by any terms and conditions imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposed the bail application, submitting that the offence alleged is serious in nature and is supported by the material collected during investigation, including seizure of the mobile phone, screenshots of the objectionable 3 comment, and statements of witnesses, which prima facie establish the involvement of the applicant. Therefore, it was argued that the applicant is not entitled to the grant of bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, and the material available on record in the case diary, it transpires that the applicant, Tosh Kumar Patel, on behalf of Sarva Hindu Samaj, submitted a written complaint alleging that Bhojkumar Mahesh had made an indecent comment regarding Maa Durga in the Kharkena Patrika News WhatsApp group. Pursuant thereto, a meeting of Sarva Hindu Samaj was convened on 26.09.2025 at the premises of Gayatri Mandir, Dabhra, wherein Bhojkumar Mahesh allegedly admitted his mistake, stated that the objectionable message had originated from mobile number 7697454960 in the Yuvak Pragatisheel Satnami Samaj WhatsApp group, and expressed his willingness to give testimony, the video recording of which is stated to be available. On the basis of the said written complaint, FIR No. 322/2025 under Section 299 of the Bharatiya Nyaya Sanhita was registered at Police Station Dabhra against the applicant/accused. During the course of investigation, a Sandisk mobile phone was seized from the possession of the applicant along with two self-attested screenshots of the objectionable comment, and statements of witnesses were recorded. In view of the aforesaid material, the evidence available in the case diary prima facie indicates the involvement of the 4 applicant/accused in the commission of the alleged offence. Therefore, this Court is of the considered view that the applicant is not entitled to the grant of bail, and accordingly, the bail application is liable to be and is hereby rejected. 7. Accordingly, the anticipatory bail application of the applicants Bhojkumar Mahesh, involved in with Crime No.322/2025, registered at Police Station – Dabhra District – Sakti (C.G.) for the commission of offence punishable under Section 299 of the BNSS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav