Avinash Rathore Vs State of Chhattisgarh

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VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.15 13:02:51 +0530

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2026:CGHC:16946

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRCA No. 546 of 2026

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Avinash Rathore S/o Late Kirtanlal Rathore Aged About 36 Years R/o Village Afrid, P.S. Saragaon, Present Address Village Khokhara, Thana Janjgir, District Janjgir-Champa (C.G.)

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... Applicant(s)

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versus

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State of Chhattisgarh Through- District Magistrate Sakti, District Sakti (C.G.)

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... Respondent(s)

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(Cause title is taken from Case Information System)

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For Applicant(s) : Mr. Vikas Pandey, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer

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Hon'ble Mr. Ramesh Sinha, Chief Justice

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Order On Board

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13.04.2026

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This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.423/2025 registered at Police Station – Sakti, District - Sakti (C.G.) for the offence punishable under Sections 332(lh), 204, 205, 112, 319(2), 308(2) of BNS,2023.

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Prosecution case in brief is that the complainant has lodged a report to the concerned police station, alleging that on 22/11/2025 at about 11.30 o'clock in the night 5 unknown persons entered into the house

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of the complainant and they have illegally demanded amount of Rs.30,000/- in the name of illegal selling liquor by threatening. Based upon such complaint made by the complainant, the police has registered the case under section 308(2), 319(2), 318(4), 331(4), 204, 205, 112, 351(2), 3(5) of B.N.S. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. Hence, this bail application.

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Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that applicant is a Government employee and the allegation levelled against the present applicant is that he along with other co-accused persons extorted money from complainant amounting to Rs.30,000/- in the name of illegal selling liquor. He further submits that co-accused persons have already been granted regular bail by this Court in MCRC No.1625 of 2026 and MCRC No.1685 of 2026 vide order dated 17.03.2026. He further submits that applicant has no previous criminal antecedent, therefore he prays for grant of anticipatory bail to the present applicant.

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On the other hand, learned State opposed the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedent and She could not disputed the fact the coaccused persons have already been granted regular bail by this Court in MCRC No.1625 of 2026 and MCRC No.1685 of 2026 vide order dated 17.03.2026.

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I have heard learned counsel for the parties and perused all of the documents taken on record.

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Considering the facts & circumstances of the case, submissions of learned counsel for the parties, allegation levelled against the present applicant and further the fact that applicant has no any criminal antecedent and co-accused persons have already been granted regular bail by this Court in MCRC No.1625 of 2026 and MCRC No.1685 of 2026 vide order dated 17.03.2026, therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant on the ground of parity.

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Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Avinash Rathore on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

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(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.

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(b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

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(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.

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(d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

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(e)The Applicant shall not involve himself in any offence of similar nature in future.

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Sd/- (Ramesh Sinha) Chief Justice

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vaishali

Avinash Rathore v. State of Chhattisgarh

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Avinash Rathore v. State of Chhattisgarh

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