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2026 DAILYLAW 37629 (CHH)

AMRIT DAS DAHARIYA v. STATE OF CHHATTISGARH

MCRC/7306/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

Transfer Petitionbody2026

Judgment text

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1 CGHC010305192026 2026:CGHC:42163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7306 of 2026 Amrit Das Dahariya S/o Taran Das Dahariya Aged About 29 Years R/o Satnamipara, Ward No. 15, Near Primary School, Piparhatta, Belsari, Takhatpur, P.S. Takhatpur, Distt. Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Civil Line, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate For Non-applicant /State : Mr. Sourabh Kumar Sahu, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. This is the first application filed by the applicant, Amrit Das Dahariya, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking grant of regular bail in connection with Crime No. 1360 of 2025 registered at Police Station Civil Line, Bilaspur (C.G.), for offences punishable under Sections 191(2), 221, 132, 296, 351(2), and 299 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. The prosecution case, in brief, is that on 15.11.2025 at about 4:30 PM, while one Ashutosh Chaitanya (arrested in Crime No. 645/2025 registered at Police Station Takhatpur) was being produced before the learned Special Judge (Atrocities), Bilaspur, a group of persons 2 allegedly abused and attempted to assault him, and obstructed police personnel in the discharge of their official duties. On the basis of the said incident, an FIR was initially registered against unknown persons. During the investigation, the present applicant was identified, alleged to have stopped the police personnel and abused Ashutosh Chaitanya, and was arrested on 18.07.2026. 3. Learned counsel for the applicant would submit that the applicant has falsely been implicated in the present case. He would further submit that the applicant had merely gone to the District Court premises and his mere presence has been wrongly construed against him. He would also submit that the only specific allegation against the applicant is that he stopped the police personnel and abused Ashutosh Chaitanya. There is no allegation of any overt act on the part of the applicant causing hurt or injury to any person. He would argue that similarly situated co-accused persons have already been granted bail by the co- ordinate Bench vide orders dated 20.02.2026 and 17.12.2025, passed in M.Cr.C. No. 08 of 2026 and MCRCA No. 1949 of 2025, respectively; further, the applicant is in judicial custody since 18.07.2026 and has only one criminal antecedent, relating to Sections 126, 189(2), 190 and 353 of the BNS, registered in the year 2025; thus, it is prayed that the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel would oppose the bail application and submit that the applicant was part of the mob that obstructed police officials on duty; thus, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the totality of the facts and circumstances of the case, particularly the nature of the allegations levelled against the applicant that he allegedly stopped police personnel and abused the arrested person without inflicting bodily injury; the period of his judicial 3 custody since 18.07.2026; the applicant has only one criminal antecedent of the year 2025 which is pending consideration; and further taking into consideration that similarly situated co-accused persons have already been granted bail by this Court in M.Cr.C. No. 08 of 2026 & MCRCA No.1949/2025, I am inclined to allow this application. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he 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, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey Judge Nadim