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2026 DAILYLAW 6428 (CHH)

ADITYA DESHWAL @ AADI v. STATE OF CHHATTISGARH

MCRCA/354/2026 · 2026-04-12

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Judgment text

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1 2026:CGHC:16987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 354 of 2026 Aditya Deshwal @ Aadi S/o Shri Upendra Singh Deshwal Aged About 25 Years R/o Vill. Kaserwakala P.O. Kaserwakala Dist. Shamli Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Purani Basti, District Raipur (C.G.) ... Respondent For Applicant : Shri Sudhanshu Upadhyay, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/04/2026 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.335/2025 registered at Police Station – Purani Basti, District- Raipur (C.G.) for the offences punishable under Sections 115(2), 140(3), 296, 3(5), 351(2) of Bhartiya Nyay Sahinta, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.15 10:59:54 +0530 2 2. Case of the prosecution, in brief, is that on 13.08.2025, the complainant Kunal Sahu lodged a report stating that on 12.08.2025, co-accused Rakesh called him on the pretext of payment and asked him to come to Bhatagaon Petrol Pump. There, the applicant and other co-accused forcibly took him on a motorcycle, assaulted him and his companion with hands, fists, sticks, and stones, and later took him to different places where they again assaulted him, made a video, and threatened him before fleeing. On this basis, Crime No. 335/2025 has been registered at Police Station Purani Basti under relevant provisions of the Bharatiya Nyaya Sanhita, 2023, and the matter is under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal enmity and monetary dispute and there is an unexplained delay of one day in lodging the FIR, which creates serious doubt about the prosecution story and shows that the case is an afterthought. He would submit that the allegation of forcibly taking the complainant from a public place is highly doubtful, as the complainant could have easily sought help. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He 3 would submit that the injury sustained by the complainant is simple in nature and the applicant has no criminal antecedents. 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, considering the nature of allegation levelled against the applicant, further the fact that injury sustained by the complainant is simple in nature, applicant has no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Aditya Deshwal @ Aadi, on executing a personal bond and one local 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 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. 4 (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