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2026 DAILYLAW 376 (CHH)

DILSHAN AHMAD @ ANAS v. STATE OF CHHATTISGARH

MCRCA/142/2026 · 2026-01-27

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:4805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 142 of 2026 Dilshan Ahmad @ Anas S/o Shri Nasim Ahmad Aged About 25 Years R/o Mo. Ward No. 5, Cold Minus, West Chirmiri, Police Station Pondi, District Manendragarh-Chirmiri-Bharatpur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Podi, District Manendragarh-Chirmiri-Bharatpur C.G. (Wrongly Mentioned As Pondi) ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/01/2026 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.01/2026 registered at Police Station – Podi, District Manendragarh Chirmiri- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.29 16:56:10 +0530 2 Bharatpur (C.G.) for the offences punishable under Sections 310(1), 351(2) & 296 of Bhartiya Nyaya Sanhita-2023. 2. Case of the prosecution, in brief, is that the FIR was lodged by one Amit Gupta who is posted as a Constable at Police Station Chirmiri alleging inter-alia that on 31-12-2025, after discharging his duties, he was returning to his home, at that time, nearby Chitajhor square the applicant along with 5-6 persons were driving their motorcycle and the complainant asked the applicant and his friend to go besides of the road. It is further alleged that the applicant along with other co-accused persons looted the Adhar Card, PAN Card and Rs.5000-6000/- cash amount from the complainant. On the basis of said report, lodged by the complainant Amit Gupta, the Police of Police Station Podi registered the offence against the applicant and unknown persons. 3. Learned counsel for the applicant submits that the applicant is an innocent young person who has been falsely implicated due to a trivial dispute that arose in the night of 31.12.2025 while celebrating New Year near Chittajhor Square. He would submit that the FIR itself does not disclose any prior acquaintance between the complainant and the applicant, and the allegations are vague and omnibus in nature, the complainant, being a police constable, lodged a false and fabricated report after objecting to the celebration, which led to a personal altercation. He would submit that there is one criminal case bearing Crime No.167/2021 registered against the applicant for the offence punishable under Sections 341, 294, 323, 506/34 of Indian Penal Code and the same is pending for its trial. He would submit that the applicant is a permanent resident of address mentioned in the cause title, he is 3 ready to furnish surety and 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, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that there is one criminal case bearing Crime No.167/2021 registered against the applicant for the offence punishable under Sections 341, 294, 323, 506/34 of Indian Penal Code and the same is pending for its trial. 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 the fact that applicant is having one criminal antecedent of the year 2021 but considering the nature of allegation levelled against the applicant, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dilshan Ahmad @ Anas, on executing a personal bond and 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 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 4 Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri