AKHILESH GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This first anticipatory bail application under Sec. 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.246/2025 registered at Police Station - Saraswati Nagar District - Raipur (C.G.) for the offences punishable under Ss. 115(2), 191(2), 191(3), 333, 304(2) of the Bhartiya Nyaya Sanhita, 2023.

(2.) The case of the prosecution is that a crime has been registered against the applicant at Police Station Saraswati Nagar, Raipur, under Ss. 115(2), 191(2), 191(3), 333, 304(2) and 324(2) of the BNS in connection with a violent incident that occurred on 12/10/2025 at about 11:45 p.m., when around 50 -60 boys allegedly entered the Umadas Mukherjee Hostel situated in the Science College campus, switched off the main power supply, and launched a deadly assault on the residents, vandalized a vehicle and caused serious injuries to several students by using rods, swords, knives, belts and metal batons. The injured persons include Yogeshwar, Roopnarayan, Govind, Tikendra, Yash, Doman, Mayank, Sameer, Dhananjay, Chandrakant and Harsh Sahu, and medical reports confirm that the injuries were caused by both blunt and sharp weapons. During the incident, the mobile phone of Sameer Sori was also stolen. In the course of investigation, several accused persons were identified and apprehended, and on the basis of their memorandum statements, it was revealed that the present applicant, along with other co-accused, had entered the hostel premises with the common intention to assault the students, cause injuries and commit robbery. The applicant has been absconding since the date of the incident. The bail applications of several co-accused have already been rejected by this Court on merits. The investigation is still in progress, and some of the offenders are yet to be identified and arrested. In view of the serious and heinous nature of the offence and the role attributed to the applicant, the prosecution strongly opposes the grant of anticipatory bail to him.

(3.) The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits there is no direct, cogent or reliable evidence to substantiate the claim that he has committed any offence punishable under Ss. 115(2), 191(2), 191(3), 333, 304(2) and 324(2) of the BNS. The applicant 's name does not even find place in the FIR, and the prosecution case is riddled with material inconsistencies and contradictions, making it evident that no prima facie case is made out against him. The applicant reiterates that every accused is presumed innocent until proven guilty and denial of bail would amount to pre-trial punishment, which is contrary to the settled principles of criminal jurisprudence. The applicant undertakes not to tamper with the evidence or influence any witness and assures this Hon 'ble Court that he is a law-abiding citizen, a permanent resident with deep roots in society, having no criminal antecedents, and there is no likelihood of his absconding. He further undertakes to cooperate with the trial and abide by all conditions imposed by the Court and is ready to furnish adequate surety. The applicant is the sole breadwinner of his family and also requires regular medical attention, and therefore, his continued incarceration would cause grave hardship. In these circumstances, the applicant humbly prays that he be granted the benefit of bail.