1 2026:CGHC:13784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 437 of 2026 Ashish Tandan S/o Shri D.R. Tandan Aged About 36 Years R/o Tandan Bada, Talapara, Police Station Civil Line, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, Bilaspur, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Jitendra Banjara & Shri Aakash Singh, Advocates. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 23/03/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.1360/2025, registered at Police Station Civil Line Bilaspur, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.24 16:43:24 +0530 2 Bilaspur (C.G.) for alleged commission of offence punishable under Sections 191 (2), 221, 132, 296, 351(2), 299 of BNS. 2. Case of the prosecution, in brief, is that the FIR in Crime No. 645/2025 offence punishable under Section 353(2) of BNS and Section 3 (1) (द) (घ) (प) of SC/ST Act, registered against Ashutosh Chaitanya, it is alleged in aforesaid FIR that, Ashutosh Chaitanya used derogatory words against the ST/SC Community. On dated 15.11.2025 the Pt. Ashutosh Chaitanya was produced before the Special Court Bilaspur, at about 04:30 PM people of both side were present in the court, it is alleged that both party were aggressive they abused each other, they used force against the police and administration. It is allegation against the present applicant that he was also present in the court premises and abused to opposite party, the police registered the FIR against the applicant and other person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He would submit that on the date of the alleged incident, the applicant was present at District Court, Bilaspur in connection with proceedings under Section 138 of the Negotiable Instruments Act and the alleged incident arose due to provocation and use of derogatory language by the opposite party; the applicant had no role in the alleged offence. He would submit that co-accuseds have been granted bail by this Court in M.Cr.C. (A) No.1949/2025 and M.Cr.C. No. 8/2026. He would further submit that applicant is ready to abide by all the directions and conditions, which may be imposed by this Court while granting bail and the applicant is a permanent resident of address mentioned in the 3 cause title, therefore, there is no likelihood of his absconding, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that anticipatory bail application of the co-accused persons namely Sanjeet Kumar Burman and Amrit Das Dahariya have been rejected by this Court in MCRCA Nos.1996/2025 & 1999/2025 on 06/01/2026. He would further submit that although one co-accused, namely Gyanendra Kumar Kosale, has been granted anticipatory bail on the ground that his M.A. 3rd Semester examination was scheduled to commence from 09.01.2026, and that he had no criminal antecedents, but in this case the applicant has six criminal antecedents, therefore the applicant is 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 and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature and gravity of allegation levelled against the applicant, further considering the fact that anticipatory bail application of the co-accused persons namely Sanjeet Kumar Burman and Amrit Das Dahariya have been rejected by this Court in MCRCA Nos.1996/2025 & 1999/2025 on 06/01/2026, although one co-accused, namely Gyanendra Kumar Kosale, has been granted anticipatory bail on the ground that his M.A. 3rd Semester examination was scheduled 4 to commence from 09.01.2026 and that he had no criminal antecedents, but in this case the applicant has six criminal antecedents and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Ashish Tandan involved in Crime No.1360/2025, registered at Police Station Civil Line Bilaspur, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 191 (2), 221, 132, 296, 351(2), 299 of BNS is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri