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Judgment
This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 157/2026 registered at Police Station – Dindayal Nagar, District – Raipur (C.G.) for the offences punishable under Sections 326 (f), 326 (g), 238 ([k), 61 (1) and 3 (5) of BNS.
As per the case of the prosecution, on 27.02.2026, the complainant had parked two vehicles, namely a Maruti Brezza and a Hyundai Venue, near his house. It is alleged that at about 02:10 AM, one Shreyansh Pandey, who resides behind the complainant’s house, noticed that both vehicles had caught fire and informed the complainant accordingly. Upon coming outside, the complainant found both vehicles engulfed in flames and, with the help of others, managed to extinguish the fire. It is further alleged that unknown persons, in furtherance of a conspiracy, intentionally set fire to both vehicles, thereby causing a loss of approximately Rs. 10–12 lakhs to the complainant. Hence, this anticipatory bail application.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. The applicant has been made an accused only on the basis of the memorandum statement of co-accused Limesh Kumar Thakur. There are no other criminal antecedents against the applicant. If the applicant is arrested, he will lose his reputation; therefore, he may be extended the benefit of anticipatory bail.
On the other hand, learned State counsel opposes the submission and would submit that, as per the memorandum statement of co-accused Limesh Kumar Thakur, the applicant and one Imran Khan set fire to two four-wheelers, thereby causing a loss of Rs. 10 and 12 lakhs. She also submits that the applicant has been absconding till date. However, upon being specifically queried about the criminal antecedents of the applicant, she submits that there is no mention of any criminal antecedents against the applicant in the case diary.
I have heard learned counsel for the parties and perused the material available on record.
Taking into consideration the facts and circumstances of the case, the nature of the allegations, and the fact that, except the memorandum statement of the co-accused, there is no other connecting piece of material available in the case diary, without commenting anything on the merits of the case, I am inclined to allow this application.
Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashutosh Verma, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-
he 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.
he shall not act in any manner which will be prejudicial to fair and expeditious trial.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.
he shall not involve themselves in any offence of similar nature in future.
