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2026 DAILYLAW 27464 (CHH)

HEMESHWAR DEWANGAN v. STATE OF CHHATTISGARH

MCRCA/1102/2026 · 2026-07-14

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Judgment text

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1 CGHC010268172026 026:CGHC:29964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1102 of 2026 Hemeshwar Dewangan S/o Santosh Kumar Dewangan Aged About 40 Years R/o The Parksyhde House No.B-002, Kachna District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur C.G. ... Non-Applicant For Applicant : Mr. Sameer Rigri, Advocate. For Non-applicant/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. This 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.197/2026 registered at Police Station – Arang, Raipur (C.G.) for the offences punishable under Sections SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.16 11:07:56 +0530 2 115(2), 296, 3(5), 324(4), 331(3) and 351(2) of BNS, 2023. 2. As per the prosecution case, on the basis of a written complaint lodged by Suresh Kumar Devangan, a Crime was registered at Police Station Arang, District Raipur against the present Applicant and his father. It is alleged that they forcibly trespassed into the complainant's shop, abused him in filthy language, assaulted him with hands, fists and a stick and damaged the computer, printer and television screen kept in the shop. During investigation, the police allegedly made efforts to trace the Applicant, but he could not be found as he was allegedly absconding to avoid arrest. Accordingly, the present Applicant has been implicated in the alleged commission of the offences. Hence, this application. 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 co-accused Santosh Kumar Dewangan has been granted anticipatory bail by this Court vide order dated 03.07.2026 passed in M.Cr.C(A) No.1007/2026, therefore, on the ground of parity and as there is no likelihood of the Applicant absconding or misusing the liberty, the Applicant is also entitled to the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant 3 of anticipatory bail to the Applicant and submits that there are no previous criminal antecedents against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, further considering that co-accused Santosh Kumar Dewangan has already been granted anticipatory bail by this Court vide order dated 03.07.2026 passed in M.Cr.C(A) No.1007/2026, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to grant the benefit of anticipatory bail to the Applicant 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Hemeshwar Dewangan, 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/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to 4 him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya