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2026 DAILYLAW 27888 (CHH)

RITESH MISHRA v. STATE OF CHHATTISGARH

MCRCA/1137/2026 · 2026-07-19

body2026

Judgment text

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1 MCRCA No. 1137 of 2026 CGHC010259862026 2026:CGHC:30674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1137 of 2026 1 - Ritesh Mishra S/o Shri Ashok Mishra, Aged About 43 Years, R/o Shubham Vihar, Near Maharshi School Uslapur, Police Station - Civil Line, Bilaspur, District- Bilaspur, Chhattisgarh. --- Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Civil Line, District- Bilaspur (C.G.). --- Respondent For Applicant :- Mr. Chandrikaditya Pandey, Advocate. For State :- Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 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. 789/2026 registered at Police Station Civil Line, District - Bilaspur, (C.G.) for the offence punishable under Sections 308(2), 356(2) and 61(2) of the Bhartiya Nyaya Sanhita, 2023. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MCRCA No. 1137 of 2026 2. As per the prosecution’s case, in brief is that the complainant Manoj Sahu preferred a written report on 08.06.2026 that he and the applicant herein were posted as a Constable and during patrolling duty they used to perform their duty together. During the course of patrolling duty, wherever they felt sleepy, they would come to police station barrack and take rest there. During such time, a video of sleeping of the complainant was allegedly recorded without his knowledge and the same was viral. It is alleged that complainant was threatened and extorted to give a sum of Rs. 1,00,000/- to one Anuj Shrivastava who is going to spread the video in social media. There were no allegation in the first information report against the applicant regarding his involvement in spreading the video nor it is alleged that he has demanded some money. Charge-sheet has not been filed. Only on the basis of the said complaint, FIR was registered against the present applicant and initiated steps to arrest him in connection with the alleged commission of the offence. Hence, the present anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and has been falsely implicated crime in question only on the basis of complaint. It is further contended that the main allegation is against Anuj Shrivastava and there were no allegation in the 3 MCRCA No. 1137 of 2026 FIR against the applicant with regard to his involvement in spreading the alleged video nor it is alleged that he has demanded money, thus it is clear that the present applicant has not attributed any role in crime in question and no allegation was made in the first information report also against the present applicant. Further, there is no criminal antecedents against the present applicant, therefore, the present applicant is entitled to get the benefit of anticipatory bail. Hence, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant is directly implicated in the commission of the offence and, therefore, the applicant is not entitled to the discretionary relief and the application for grant of anticipatory bail 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 allegations and the material available on record, it appears as the main allegation is against the Anuj Shrivastava, and no allegation in the first information report 4 MCRCA No. 1137 of 2026 against the applicant regarding his involvement in spreading the video and in demanding money. As such, this Court is of the considered opinion that the applicant deserves to be enlarged on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ritesh Mishara on 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:- (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 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 him by the said Court till disposal of the trial. (d) The applicant(s) and the surety shall submit a copy of his aadhaar 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 applicant(s) shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Ankit