1 2026:CGHC:9074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8 of 2026 Anay Pratap Singh @ Anay Tandan S/o Late Haricharan Tandan Aged About 25 Years R/o Village- Rajpalpur, Police Station, - Chilfi, District- Mungeli, (C.G.) Presently - R/o Ring Road No.02, Jarhabhata, Bilaspur, District- Bilaspur (C.G.) ... Applicant(s) versus State of Chhattisgarh Through- The Station House Officer, Police Station - Civil Line, Bilaspur, District- Bilaspur (C.G.) ...Non-applicant(s) (Cause-title taken from Case Information System) For Applicant : Mr. Amit Matre, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2026 1. This is the first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking grant of regular bail to the applicant, who has been arrested in BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.02.20 17:39:50 +0530 2 connection with Crime No. 1360 of 2025 registered at Police Station Civil Line, Bilaspur (C.G.), for the 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 p.m., one Ashutosh Chaitanya, who had been arrested in Crime No. 645 of 2025 registered at Police Station Takhatpur, District Bilaspur (C.G.), was being produced before the learned Special Judge (Atrocities), Bilaspur. At that time, it is alleged that the applicant along with other accused persons abused and attempted to assault him. When police officials intervened, the accused persons allegedly interfered with the discharge of official duties. On the basis of the said incident, an FIR was registered against unknown persons under the aforementioned sections of the BNS. During the course of investigation, the present applicant was identified and arrested on 16.11.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that on the date of the alleged incident, the applicant had gone to the District Court, Bilaspur for execution of an affidavit relating to the transfer of certain amounts to his account following the demise of his father. His presence in the Court premise was captured in the CCTV footage; however, according to learned counsel, the Investigating Agency has erroneously 3 implicated him without properly appreciating the said footage. It is further submitted that the applicant has been arrested primarily on the basis of CCTV footage and there is no direct material to establish his active involvement in the alleged incident. Learned counsel further submits that the applicant is in judicial custody since 16.11.2025, has no criminal antecedents, and is a permanent resident of the address mentioned in the cause title. It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution evidence. On these grounds, prayer is made to enlarge the applicant on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the applicant was part of the incident in question and that the matter requires trial. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations levelled against the applicant, the period of his judicial custody since 16.11.2025, and the fact that the applicant has no criminal antecedents; and further considering that the allegations are matters to be examined during trial; and without expressing any opinion on the merits of the case, this Court is of the considered view that further custodial detention of the applicant is not necessary at this stage. There is nothing on record to indicate that the applicant would abscond or tamper with 4 the prosecution evidence if released on bail. In view of the settled principle that bail is the rule and jail is an exception, the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed. 8. It is directed that the applicant – Anay Pratap Singh @ Anay Tandan – shall be released on bail in connection with Crime No. 1360 of 2025 registered at Police Station Civil Line, Bilaspur (C.G.), for the offences punishable under Sections 191(2), 221, 132, 296, 351(2) and 299 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. - S/- Sd/- (Ramesh Sinha) Chief Justice Brijmohan