Facts
The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 80/2026, registered at Police Station Kharora for offences under Sections 296, 115(2), 351(2), 324(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that the applicant and others abused and assaulted members of a wedding party; the State also alleged damage to nearby vehicles.
Source reference: paras. 2, 4The applicant contended that the case was a counterblast to an earlier report he had lodged concerning an assault on his family, registered as Crime No. 76/2026, and that he had no criminal antecedents.
Source reference: para. 3The State confirmed that no criminal antecedents were recorded.
Source reference: para. 4Issues
Whether the applicant was entitled to anticipatory bail in Crime No. 80/2026
Source reference: paras. 1, 6Whether the circumstances—including the applicant’s earlier report and absence of criminal antecedents—supported granting anticipatory bail despite the allegations against him
Source reference: paras. 3–6Law Applied
Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 empowers the Court to grant anticipatory bail.
Source reference: para. 1The Court considered the facts and circumstances, the nature of the allegations, the parties’ submissions, the applicant’s earlier report, and the absence of criminal antecedents in deciding whether to grant that relief.
Source reference: paras. 1, 5–6No precedent was cited.
Source reference: no citationReasoning
The Court noted that the applicant had lodged a report shortly after the incident and that there was no criminal antecedent against him.
Source reference: para. 6Having considered these circumstances alongside the allegations and submissions, the Court found it appropriate to grant anticipatory bail, without expressing any view on the merits.
Source reference: paras. 5–6Holding
The Court allowed the application and directed that, in the event of arrest in Crime No. 80/2026, the applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety in the like amount.
The applicant must cooperate with interrogation, refrain from influencing persons acquainted with the case or prejudicing a fair trial, and attend each trial-court hearing until disposal of the case.
Source reference: para. 7Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20236
Original Court PDF
HIMANSHU VERMAvsSTATE OF CHHATTISGARH
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