Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2572
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 24 of 2026 1 - Santoshi Jaiswal, W/o Bajrang Jaiswal, Aged About 38 Years, 2 - Varun Jaiswal, S/o Bajrang Jaiswal Aged About 18 Years, Both are R/o Ward No. 02, Tehsil- Bhatha, Police Station- Katghora, District- Korba, Chhattisgarh.
... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Katghora, District- Korba, Chhattisgarh.
... Respondent For Applicants : Shri Rahil Arun Kochar, Advocate. For Respondent/State : Ms. Monika Thakur, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15/01/2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.418/2025 registered at Police Station – Katghora, District- Korba, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.17 17:12:03 +0530
2 (C.G.) for the offences punishable under Sections 299, 3(5) of BNS Act.
2. Case of the prosecution, in brief, is that on 14.12.2025 complainant namely Santoshi Bai has lodged a written report in Police Station Katghora, District Korba against the present applicants namely Santoshi Jaiswal and Varun Jaiswal, it is alleged that the applicants have organized a function / event whereby they have outraged/ insulted the religious belief's of complainant that on the complaint received police has registered an FIR vide Crime No. 418/2025 in Police Station Katghora, District Korba (C.G.)
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case and they had merely attended a private gathering at the house of Ram Kumar Shrote, where some unknown persons forcibly entered and created nuisance. The applicants neither acted nor uttered anything so as to insult the religious beliefs of the complainant. It is further submitted that the essential ingredients of Section 299 of the BNS Act are not made out, as there was no deliberate or malicious act or intention on the part of the applicants and the video recording of the gathering, stored in a pen drive, clearly demonstrates that no prima facie offence is made out. He would submit that the complaint contains vague, bald, and omnibus allegations and does not specifically attribute any overt act to the applicants. He would submit that applicant No. 2 is only 18 years of age, a student and applicant No. 1 is a housewife, both applicants have no criminal antecedents, are permanent residents of the address mentioned in the cause title, and there is no likelihood of their
3 absconding, they are ready to furnish adequate surety and abide by any conditions imposed by this Court, therefore, he submits that the present applicants are entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the applicants have no criminal antecedents. She would further submit that the allegation against the applicants is that they organized a function in the badi of co-accused wherein there was a gathering of 200-250 people and they propagated for religious conversion, therefore they are not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, further considering the nature of allegations levelled against the applicants that the applicants organized a function wherein they propagated for religious conversion, further the fact that the applicants have no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of case, I am inclined to grant anticipatory bail to the present applicants.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants –Santoshi Jaiswal & Varun Jaiswal, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-
4 (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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) The applicants shall not involve themselves in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri