MCRCA/1507/2026 of HITESH BHOI Vs STATE OF CHHATTISGARH on 14 September 2026

1. Hitesh Bhoi Son Of Hemraj Bhoi Aged About 21 Years Resident Of Shyam Nagar, Lingiyadih, Police Station - Sarkanda, District - Bilaspur (C.G.)

... Applicant versus

1. State of Chhattisgarh Through The Station House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.)

... Non-applicant For Applicant : Mr. Prakash Kumar, Advocate For Non-applicant : Mr. Avinash Singh, Government Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 15/09/2026

1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to applicant who is apprehending his arrest in connection with Crime No.570/2026 registered at Police Station Sakanda, District Bilaspur (C.G.) under Sections 296, 115 (2), 351 (3) 109, 191 (2), 191 (3), 117 (2) of the Bharatiya Nyay Sanhita 2023 (BNS) and Section 25 and 27 Arms Act. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI

2. Case of prosecution, in brief, is that on 25.4.2026 complainant lodged report in concerned police station to the effect that on 25.4.2026 at about 12:00 in the midnight when he was roaming in the locality after taking his dinner, at that time accused Vicky Ahirwar and others accused persons came on spot, abused him filthily, threatened him for life and assaulted him by means of hands, fist and club as a result he sustained injuries on various parts of body. When his wife and others intervened, the accused persons abused and assaulted them also. Based on aforementioned allegations, police registered the crime in question against the applicant and other accused persons.

3. Learned counsel for applicants would submit that applicant has been falsely implicated in this case and he has not committed any offence as alleged. Applicant has not been named in the FIR. Applicant has been made accused in instant crime on the basis of memorandum statement of co- accused persons. There is no other criminal antecedent against the applicant, hence, he may be extended the benefit of anticipatory bail.

4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that there were 20 persons including present applicant who attacked and assaulted the complainant party. There is allegation that applicant has also assaulted the injured along with others. Upon putting specific query as to whether applicant has been named in FIR or statement by injured person, he submits that name of applicant is not mentioned in the case diary statement of injured persons. In the FIR also the name of applicant does not find place. He also does not dispute the submission of learned counsel for applicant that there is no other criminal antecedent against the applicant.

5. Heard learned counsel for the parties.

6. On due consideration on the submission of learned counsel for respective parties, nature of allegation and further considering the fact that applicant is 21 years old, he has not been named in the FIR or statement of injured persons and there is no other criminal antecedent against him, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of applicant in connection with aforementioned crime, he shall be released on bail his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The 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) that 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-