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2026 DAILYLAW 8632 (CHH)

PRIYESH KUMAR v. STATE OF CHHATTISGARH

MCRCA/135/2026 · 2026-01-26

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Judgment text

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1 2026:CGHC:4438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 135 of 2026 Priyesh Kumar S/o Late Shant Kumar Aged About 40 Years R/o Behind Parthivi Pecific Maruti Enclave Tatibandh, Thana Amanaka Raipur, District- Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- S.H.O. Police Station Amanaka, District- Raipur, C.G. ... Respondent For Applicant : Shri Vikash A. Shrivastava, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/01/2026 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.78/2025 registered at Police Station – Amanaka, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:22 +0530 2 District: Raipur, C.G. for the offence punishable under Sections 298, 299, 296, 115(2), 351(2), 3(5) of BNS and Section 4 of C.G. Freedom of Religion Act, 1968. 2. Case of the prosecution, in brief, is that the complainant Manish Verma has lodged an FIR against the applicant along with other co-accused before the concerned Police Station with the averment that he along with other accused persons have interrupted in the construction of Temple by destroying the statue of God. It is also alleged that they attacked upon the complainant and given allurement for conversion of religion. Based upon such, the aforesaid offences have been registered against the accused persons. 3. Learned counsel for the applicant submitted that co-accused Rajesh Sharma has preferred anticipatory bail application bearing MCRCA No.492/2025 which was rejected by this court on 9/04/2025, against which the said co-accused had preferred an SLP (Crl.) No.9694/2025 before the Apex Court and the same has been allowed by the Apex Court on 17th October, 2025, therefore, he submits that the present applicant is also 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 but he do not dispute the fact that co-accused Rajesh Sharma whose anticipatory bail application bearing MCRCA No.492/2025 3 has been rejected by this court on 9/04/2025 had preferred an SLP (Crl.) No.9694/2025 before the Apex Court and the same has been allowed by the Apex Court on 17th October, 2025. 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 fact that co-accused Rajesh Sharma whose anticipatory bail application bearing MCRCA No.492/2025 has been rejected by this court on 9/04/2025 had preferred an SLP (Crl.) No.9694/2025 before the Apex Court and the same has been allowed by the Apex Court on 17th October, 2025, 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 – Priyesh Kumar, 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 Court. (b) The applicant shall not act in any manner which will 4 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 their 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