MCRCA/1576/2026 of JITESH PATEL @ JITU Vs STATE OF CHHATTISGARH on 24 September 2026

1. Applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 108 of 2026 registered at Police Station- Azad Chowk, District – Raipur (CG) for the offence punishable under Sections 109, 115 (2), 296, 351 (2) of BNS, 2023 .

2. The case of the prosecution, in brief, is that complainant namely, Shivam Sharma lodged report in the concerned police station stating that he had known Divyant Behra for the past 3-4 months through Komal Sharma. On 24.05.2026, Divyant Behra allegedly called the complainant and threatened him for talking to Komal Sharma, claiming her to be his girlfriend and asked him to meet at Devendra Nagar, Raipur which, the complainant did not do out of fear. Thereafter, on 25.05.2026, Divyant again called the complainant and asked him, to come to Azad Chowk, Raipur to discuss the matter. Accordingly, the complainant along with his associates Aman Singh Thakur and Sambhav Sharma, reached near Kali Mandir, Khaprabhatti, at about 10:30 P.M. where Divyant Behra and his associates were present. It is alleged that Divyant abused the complainant, assaulted him on the head with a stone and thereafter, attempted to stab him in the stomach with a knife, which the complainant managed to evade. Thereafter, the complainant approached Police Station – Azad Chowk, Raipur whereupon, on the basis of his report, an offence under Sections 109, 115 (2), 296 and 351 (2) of the BNS, 2023 was registered against which applicant is apprehending his arrest.

3. Learned counsel for applicant would submit that applicant is innocent, he has been falsely implicated in crime. He has not committed any offence as alleged. He contended that applicant has not been named in the FIR, however, during the course of investigation, applicant has been implicated. There is no other criminal antecedent against the applicant. He further contended that in similar allegations against the co-accused person namely Rishikesh Singh, he was granted regular bail. He also submits that charge-sheet has been filed against the co-accused persons, arrested by the police.

4. On the other hand, learned counsel for State opposes the submission of learned counsel for the applicant and would submit that the eye-witness to the incident had named the applicant to be participating in commission of aforementioned crime, however, there is allegation against the applicant of assaulting the complainant by hands and fists. Upon putting query, he submits that there is no other criminal antecedent against the applicant.

5. I have heard learned counsel for the parties and perused the documents placed on record.

6. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no other criminal antecedent against the applicant, tender age of the applicant to be 22 years, similarly situated co-accused Rishikesh Singh has been granted regular bail, without commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicant.

7. Accordingly, the application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting officer. Applicant shall also abide by the following conditions :-

(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required;

(ii) 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 facts to the Court or to any police officer; Certified copy as per rules. Sd/----/-/-/-/---/-/- Sd/- Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY