01Facts
The applicant, an Assistant Professor of Computer Science, sought anticipatory bail in connection with Crime No. 703 of 2026, registered at Ambikapur Police Station under Sections 196(1), 352, 353(2) and 111 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
¶ 1The complaint alleged that the applicant and others circulated social-media material that affected a victim’s privacy, used abusive language, and promoted division or hatred between groups.
¶ 2The applicant denied uploading unlawful material and argued that the FIR was a counterblast; the State and the objector opposed bail, relying on the seriousness of the allegations and an asserted criminal antecedent.
¶ 3–5The State acknowledged that the case diary contained neither a record of police having examined the seized pen drive nor a transcription of its contents, and that no electronic evidence had been produced with the complaint to show that the applicant uploaded the alleged video.
¶ 6–702Issues
i.Whether the applicant was entitled to anticipatory bail in light of the allegations and the material then available on record.
¶ 8–9ii.If anticipatory bail was warranted, what conditions should govern the applicant’s release in the event of arrest.
¶ 1003Law Applied
The application was made under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), which provides for a direction for grant of bail to a person apprehending arrest.
¶ 1The alleged offences were under Sections 196(1), 352, 353(2) and 111 of the BNS.
¶ 1The Court considered the nature of the allegations and the material available on record when deciding whether to grant anticipatory bail; it cited no precedent or further legal test.
¶ 8–9Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Bharatiya Nyaya Sanhita, 2023 Section 196Section 352Section 353Section 111
04Reasoning
The Court considered the allegations concerning the social-media video and the competing submissions, but noted that no electronic evidence accompanied the complaint to establish that the applicant had uploaded the material.
¶ 6–9It also took account of the absence of any case-diary record that police had examined the seized pen drive or transcribed its contents.
¶ 6–9Having regard to those evidentiary gaps and the applicant’s employment as an Assistant Professor, the Court found it appropriate to grant anticipatory bail, without expressing a view on the merits.
¶ 6–905Holding
The Court allowed the application and directed that, in the event of arrest in the specified crime, the applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety for the like sum, to the satisfaction of the arresting officer.
¶ 10The applicant must remain available for interrogation as required and must not induce, threaten or promise anything to any person acquainted with the facts so as to dissuade them from disclosing those facts to the Court or police.
¶ 10Original Court PDF
AKIL AHMED ANSARIvsSTATE OF CHHATTISGARH
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