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2026 DAILYLAW 18565 (CHH)

ARVIND KACHHAP v. STATE OF CHHATTISGARH

MCRCA/438/2026 · 2026-03-22

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Judgment text

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1 2026:CGHC:13783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 438 of 2026 Arvind Kachhap S/o Late Nanhoo Kachhap Aged About 51 Years Caste Uraon, Occupation Teacher, R/o Village Churchpara, Ansh Builders Road, Thakurpur, Grace Mission School Campus, Ambikapur, District Surguja (Cg) ... Applicant versus State Of Chhattisgarh Through Police Station Gandhinagar, Ambikapur, District Surguja (C.G.) ... Respondent For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.03.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.655/2024 registered at Police Station – Gandhinagar, Ambikapur, District Surguja (C.G.) for the offences punishable under Sections 329(3), 333, 299, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.24 10:40:59 +0530 2 115(2), 351(2), 319(2) and 191(2) & 190 of the BNS and Section 49 of the C.G. Police Act, 2007. 2. The prosecution story in brief is that, the applicant along with other co- accused persons organized social meeting / gathering in Rajwar Bhawan, Ambikapur and gave speeches against the Hindu community and therefore FIR has been lodged at Police Station Gandhinagar, Ambikapur, District Surguja (C.G.). The FIR of the instant case has not been uploaded in the website as it has been marked as sensitive case by the police authorities. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that He belongs to a respectable family and is a teacher by profession, serving at Grace Mission Higher Secondary English Medium School, Ambikapur, and has not committed any overt act. The applicant, being a member of the Christian community, had organized a social meeting solely for the up liftment and betterment of society without any ill motive towards any other community. The alleged incident occurred due to a change in the venue of the social gathering, as initially permission was granted by the Municipal Corporation, Ambikapur, for Rajmohini Bhawan, which was later cancelled a day prior due to the organization of an Aadhar Card camp at the same venue. The applicant neither played any role in the alleged offence nor was involved in any manner, and has not obtained any loan in his name. He is a permanent resident of Ambikapur, District Surguja (C.G.), and there is no likelihood of his absconding. The applicant undertakes to furnish adequate surety and to abide by all terms and 3 conditions as may be imposed by this Hon’ble Court while granting anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application and submits that the applicant has one previous criminal antecedent, therefore, he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and in view of the fact that the similarly situated co-accused namely Blasiyus Tigga has already been granted bail by this Hon’ble High Court MCRCA No. 399 of 2026 vide order dated 16.03.2026, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems 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 – Arvind Kachhap, on executing a personal bond and one local 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 4 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 his adhaar card along with a coloured 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 vaibhav