Chattisgarh High Court
Amit Baghel vs State Of Chhattisgarh on 9 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16474
Digitally
signed by
ARPAN
SRIVASTAVA
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ARPAN
SRIVASTAVA Date:
2026.04.13
19:09:55
+0530
MCRC No. 2145 of 2026
Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o
Kanchanganga Phase- 2, Saraswati Shishu Mandir Rohinipuram P.S. Dd
Nagar, Raipur District- Raipur Chhattisgarh - 492001, (Currently Under
Judicial Custody At Central Jail Raipur (C.G.)
---Applicant
versus
State Of Chhattisgarh Through- Station House Officer, Police Station-
Devendra Nagar, Raipur, Chhattisgarh
--- Respondent(s)
MCRC No. 2465 of 2026
Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/okanchanganga Phase- Saraswati Shishu Mandir Rohinipuram. Ps Dd Nagerraipur District- Raipur Chhattisgarh
---Applicant Versus State Of Chhattisgarh Through Station House Officer-Police station- Kotwali Raipur Chhattisgarh
--- Respondent(s) MCRC No. 2374 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, District- Raipur, Chhattisgarh - 492001, (Currently Under Judicial Custody At Central Jail, Raipur (C.G.)
---Applicant Versus 2 State Of Chhattisgarh Through Station House Officer, Police Station- Telibandha, Raipur, Chhattisgarh.
--- Respondent(s) MCRC No. 2275 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, District - Raipur Chhattisgarh 492001 (Currently Under Judicial Custody At Central Jail, Raipur Chhattisgarh)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Telibandha, Raipur, Chhattisgarh
--- Respondent(s) MCRC No. 2277 of 2026 Amit Baghel S/o Ramkumar Baghel Aged About 53 Years R/o Kanchangaga Phase -2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, District - Raipur, Chhattisgarh - 492001, ( Currently Under Judicial Custody At Central Jail, Raipur, Chhattisgarh )
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Devendra Nagar, Raipur, Chhattisgarh.
--- Respondent(s) MCRC No. 2281 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. D.D. Nagar, Raipur, District - Raipur, Chhattisgarh - 492001, (Currently Under Judicial Custody At Central Jail, Raipur, Chhattisgarh)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Devendra Nagar, Raipur, Chhattisgarh 3
--- Respondent(s) MCRC No. 2185 of 2026 Amit Baghel S/o Shri Ramkumar Baghel, Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. D D Nagar, Raipur, District Raipur C.G.- 492001 (Currenttly Under Judicial Custody At Central Jail, Raipur C.G.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Devendra Nagar, Raipur Chhattisgarh.
--- Respondent(s) MCRC No. 2204 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase 2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, Distt. Raipur, Chhattisgarh, 492001, (Currently Under Judicial Custody At Central Jail, Raipur, Chhattisgarh.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Telibandha, Raipur, Chhattisgarh.
--- Respondent(s) MCRC No. 2200 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, District- Raipur, Chhattisgarh - 492001, (Currently Under Judicial Custody At Central Jail, Raipur (C.G.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotwali, Raipur, Chhattisgarh.
--- Respondent(s) MCRC No. 2194 of 2026 Amit Baghel S/o Shri Ramkumar Baghel, Aged About 53 Years R/o Kanchanganga Phase- 2, Saraswati, Shishu Mandir Rohinipuram P.S. D.D. 4 Nagar, Raipur , District- Raipur Chhattisgarh - 492001 (Currently Under Judicial Custody At Central Jail, Raipur (C.G.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Telibandha Raipur, Chhattisgarh
--- Respondent(s) MCRC No. 2192 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir, Rohinipuram, P.S. Dd Nagar, Raipur, District- Raipur Chhattisgarh- 492001, (Currently Under Judicial Custody At Central Jail, Raipur (C.G.))
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Telibandha, Raipur, Chhattisgarh
--- Respondent(s) MCRC No. 2191 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir Rohinipuram P.S.Dd Nagar Raipur, District- Raipur Chhattisgarh -492001, (Currently Under Judicial Custody At Central Jail Raipur (C.G.)
---Applicant Versus State Of Chhattisgarh Through- Station House Officer, Police Station - Devendra Nagar Raipur, Chhattisgarh,
--- Respondent(s) MCRC No. 2184 of 2026 Amit Baghel S/o Shri Ramkumar Baghel Aged About 53 Years R/o Kanchanganga Phase-2, Saraswati Shishu Mandir Rohinipuram, P.S. Dd Nagar, Raipur, District- Raipur (C.G.) 492001 (Currently Under Judicial Custody At Central Jail, Raipur)
---Applicant Versus 5 State Of Chhattisgarh Through- Station House Officer, Police Station Kotwali, Raipur, District- Raipur (C.G.)
--- Respondent(s) MCRC No. 2150 of 2026 Amit Baghel S/o Shri Ram Kumar Baghel Aged About 53 Years R/o Kanchanganga Phase -2 Saraswati Shishu Mandir Rohinipuram P.S. Dd Nagar Raipur District- Raipur Chhattisgarh - 492001 (Currently Under Judicial Custody At Central Jail Raipur (C.G.)
---Applicant Versus State Of Chhattisgarh Through- Station House Officer Police Station - Kotwali, Raipur Chhattisgarh
--- Respondent(s) For Applicant : Mr. Harshwardhan Parghania, Advocate For Respondent/State : Mr. Saumya Rai, Dy. Govt. Advocate For Objector : Mr. Sunil Otwani, Senior Advocate assisted by Mr. Hemant Lohani in MCRC No. 2145/2026 and Ms. Kavita Bansal in MCRC No. 2204/2026 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2026
1. Since all the above captioned bail applications are filed by same accused for grant of regular bail for similar nature of offence, though registered at different Police Stations under different crime numbers, they are clubbed and heard together and are being disposed of by this common order.
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2. The details of these first bail applications filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS) for grant of regular bail to the applicant who is in jail are as under :-
MCRC Crime No. Name of Police Offence u/S Date of Nos. Station arrest 2145/ 208/2025 P.S. Devendra Nagar, 299 BNS 05.12.2025 2026 Raipur 2150/ 340/2025 P.S. Kotwali Raipur 299 BNS 02.01.2026 2026 2184/ 338/2025 P.S. Kotwali Raipur 299 BNS 02.01.2026 2026 2185/ 241/2025 P.S. Devendra Nagar, 299 BNS 08.12.2025 2026 Raipur 2191/ 240/2025 P.S. Devendra Nagar, 299 BNS 08.12.2025 2026 Raipur 2192/ 786/2025 P.S. Telibandha, 299 BNS 30.12.2025 2026 Raipur 2194/ 695/2025 P.S. Telibandha, 299, 302, 17.12.2025 2026 Raipur 353(1)(c) BNS 2200/ 339/2025 P.S. Kotwali, Raipur 299, BNS 02.01.2026 2026 2204/ 788/2025 P.S. Telibandha, 299, 302, 30.12.2025 2026 Raipur 353(1)(c) BNS 2275/ 787/2025 P.S. Telibandha, 299, 302, 30.12.2025 2026 Raipur 353(1)(c) BNS 2277/ 242/2025 P.S. Devendra Nagar, 196(1), 299, 08.12.2025 2026 Raipur 353(2) BNS 2281/ 05/2026 P.S. Devendra Nagar, 196(1), 299, 12.01.2026 2026 Raipur 353(2) BNS 2374/ 699/2025 P.S. Telibandha, 299 BNS 17.12.2025 2026 Raipur 2465/ 243/2025 P.S. Kotwali Raipur 299 BNS 02.01.2026 2026
3. The prosecution story in brief, is that an incident is alleged to have occurred on 26.10.2025, followed by circulation of a video/interview on 7 27.10.2025 in which the Applicant is purported to have made objectionable remarks concerning late Pandit Deendayal Upadhyaya, late Dr. Shyama Prasad Mukherjee, Maharaja Agrasen and Shri Jhulelal, thereby allegedly hurting the sentiments of the Agarwal and Sindhi communities and disturbing communal harmony. On the basis of a written complaint and examination of the said video, an FIR under Crime No.208/2025 was registered at Police Station, Devendra Nagar, Raipur, Chhattisgarh and the applicant was arrested on 05.12.2025 and thereafter he has been further implicated in aforementioned other cases/FIRs registered at different police stations arising out of the same statement.
4. Learned counsel for the Applicant submits that no prima facie case is made out, as the entire prosecution rests on an alleged video/interview without any material establishing requisite mens rea. It is contended that the statement was made in the immediate backdrop of the vandalisation of the "Chhattisgarh Mahtari" statue and was merely an expression of anguish, devoid of any deliberate intent to outrage sentiments or promote disharmony. The FIRs, do not disclose the essential ingredients of the alleged offences and are based on vague assertions of "hurt sentiments." It is further submitted that the evidence is purely electronic and already in the public domain, the charge-sheets have already been filed, and therefore continued custody is unwarranted. The Applicant has also been subjected to successive arrests in multiple FIRs arising out of the same statement, rendering his liberty illusory. It is contended that the offences are punishable up to three years (or less), making prolonged pre-trial incarceration disproportionate. The "triple test" stands satisfied, and in the absence of any tangible material to show likelihood of tampering or influencing witnesses, bail deserves to be granted. He 8 further submits that as per his knowledge the applicant is having total 33 criminal antecedents, which includes the present 14 cases. The details of the other 19 cases with their present status are as follows:
S.No. FIR / Case No. Offence under Status Sections 1 378/2024 at P.S. City 147, 148, 149, Pending (Charge Kotwali, Balodabazar 186, 332, 353, sheet) has not (C.G.) 333, 307, 440, been filled) 435, 395, 120B, 152 of the IPC, 1860 and Section 03, 04 of the Prevention of Damage to Public Property Act, 1984 2 379/2024 at P.S. City 147, 148, 149, Pending (Charge Kotwali, Balodabazar 186, 332, 353, sheet) has not (C.G.) 307, 435, 436, been filled) 120B, 294, 506 of the IPC, 1860 and Section 03, 04 of the Prevention of Damage to Public Property Act, 1984 and section 02 of The Prevention of Insults to National Honour Act, 1971 3 380/2024 at P.S. City 147, 148, 149, Pending (Charge Kotwali, Balodabazar 294,307,332,333,3 sheet) has not (C.G.) 53,427,435,436,4 been filled) 40,120-B of the IPC, 1860 and Section 03, 04 of the Prevention of Damage to Public 9 Property 4 269/2023 at P.S. 289 of the IPC, Pending Deendayal Nagar, 1860 (prosecution Raipur evidence) 5 263/2023 at P.S. Tilda 452, 294, 323, Disposed Neora 427, 34 of the IPC, (Acquittal) 1860 6 241/2022 P.S. Balod 295A and 153A of Pending the IPC, 1860 (Prosecution Evidence) 7 42/2019 147, 149, 153A (1) Pending P.S. Dipka, Korba (a), 153A (1)(b), (Prosecution 294, 506 of the Evidence) IPC, 1860 8 175/2019 at P.S. 147, 294, 341, Pending 147, 294, 341, 506 of 506, of the IPC, (Prosecution the IPC, 1860 1860 Evidence) Pending (Prosecution Evidence) Tikrapara, Raipur Cr. Case No 9147/2023 9 451/2016 at P.S. 147, 294, 341, Pending Dharsiwa, Raipur 506, of the IPC, (Prosecution 1860 Evidence) 10 359/2016 Cr. Case 294, 323, 506 and Pending No.23990/2016 JMFC 34 of the IPC, (Prosecution Raipur 1860 Evidence) 11 421/2016 Cr. Case 341 and 147 of the Pending No.5799/2017 JMFC IPC, 1860 (Prosecution Raipur Evidence) 12 448/2016 Cr. Case 341 and 147 of the Pending No.5798/2017 JMFC IPC, 1860 (Prosecution Raipur Evidence) 13 323/2017 Cr. Case 294, 153, 201, and Pending No.6898/2017 JMFC 34 of the IPC, (Prosecution Raipur 1860 Evidence) 14 175/2023 Cr. Case 147, 188, and 341 Pending No.9147/2023 JMFC of the IPC, 1860 (Prosecution 10 Raipur Evidence) 15 37/2020 at P.S. 153b, 505, 506b, Pending Kharsiya Raigarh of the IPC, 1860 16 458/2020 Sessions 294, 506, 147, Charge Case No. 318/2021 5th 148, 149, 427, addl. Dist. and sessions 447, 436, 186 and judge, Raipur 353 of the IPC, 1860 17 112/2022 Gunderdehi, 147, 148, 149, Pending ( for Balod 294, 506, 323, Prosecution 325, 427, 452 and Evidence) 307 of the IPC, 1860 18 518/2022 Cr. Case 384 and 34 of the Pending ( for No.535/2023 JMFC IPC, 1860 Accused Raipur Presence) 19 269/2023 Cr. Case 289 of the IPC, Pending No.10220/2023 JMFC 1860 (Prosecution Raipur Evidence)
5. Lastly, in the alternative, learned counsel for the applicant submits that in all these cases, the applicant has been granted bail and as such, he prays that if this Court is not inclined to grant regular bail, at least, the applicant may be released on parole for a limited period as this Court may deem fit.
6. On the other hand, learned State counsel and learned counsel, appearing for the objectors jointly oppose the bail applications, contending that the Applicant made highly objectionable and offensive statements targeting revered personalities, thereby prima facie hurting the sentiments of the Agrawal and Sindhi communities and disturbing communal harmony. It is submitted that the statements, viewed in their entirety, reflect a deliberate and reckless disregard for social sensitivity, and the plea of being taken out of context is a matter for trial. Learned State counsel argues that the FIRs disclose the essential ingredients of 11 the alleged offences and that the investigation, based on the complaint and video material, has been duly conducted. It is further contended that the Applicant's involvement in multiple FIRs arising from the same episode indicates a pattern requiring cautious consideration, with a possibility of influencing witnesses or repeating such acts. Learned State counsel also submits that filing of the charge-sheet does not entitle the Applicant to bail given the serious nature of allegations affecting public order, and that the arrest was lawful, with alleged procedural lapses being insufficient to mitigate the gravity of offence. It is further contend that the present applicant is having 33 criminal antecedents. Accordingly, it is urged that the existence of a prima facie case and the seriousness of the allegations disentitle the Applicant from the grant of bail.
7. I have heard learned counsel for the parties and perused the case diary.
8. Taking into consideration the fact and circumstances of the case, having considered the rival submissions and perused the case diary, this Court finds that the allegations against the Applicant, relating to objectionable statements against revered personalities, prima facie disclose an offence affecting communal harmony and public order. At this stage, the material on record, including the video/interview, cannot be examined in detail but is sufficient to establish a prima facie case against the applicant. Taking into consideration the fact that multiple FIRs have arisen from the same episode and the possibility of influencing witnesses or repeating such acts cannot be ruled out, and considering the seriousness of the allegations and their impact on society and also taking into consideration that other than these 14 cases, the applicant is having 18 criminal antecedents, this Court is not inclined to grant benefit 12 of bail to the applicant, as such, all the bail applications are liable to be rejected.
9. Accordingly, the aforementioned first bail applications of the applicant namely Amit Baghel, involved in Crime No.208/2025 registered at Police Station, Devendra Nagar, Raipur (C.G.), Crime No.340/2025 registered at Police Station Kotwali Raipur, Crime No.338/2025 registered at Police Station Kotwali Raipur, Crime No.241/2025 registered at Police Station Devendra Nagar Raipur, Crime No.240/2025 registered at Police Station Devendra Nagar Raipur, Crime No.786/2025 registered at Police Station Telibandha Raipur, Crime No.695/2025 registered at Police Station Telibandha Raipur, Crime No.339/2025 registered at Police Station Kotwali Raipur, Crime No.788/2025 registered at Police Station Telibandha Raipur, Crime No.787/2025 registered at Police Station Telibandha Raipur, Crime No.242/2025 registered at Police Station Devendra Nagar Raipur, Crime No.05/2026 registered at Police Station Devendra Nagar Raipur, Crime No.699/2025 registered at Police Station Telibandha Raipur, Crime No.243/2025 registered at Police Station Kotwali Raipur for the offences punishable under Sections 299, 302, 353(1)(c), 353(2), 196(1) BNS, are hereby rejected at this stage.
10. However, taking into consideration the period of detention undergone by the applicant, the fact that the charge-sheets have already been filed in all the cases, to monitor the conduct of the applicant and to assess the applicant's assistance in conclusion of the pending trials, this Court deems it appropriate to grant limited relief by way of temporary bail/parole.
11. Accordingly, it is directed that the applicant shall be released on temporary bail/parole for a period of three (03) months from the date of 13 his release on an undertaking that he shall surrender before the concerned trial Court on the date to be given by the trial Court on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the concerned trial Court concerned with the following conditions:
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of temporary bail/parole and pass orders in accordance with law.
(ii) In case, the applicant misuses the liberty of temporary bail/parole during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS.
(iv) The applicant shall not enter the territorial area of District Raipur during the period of three months except on the dates on which he is called by the learned trial Court.
(v) The applicant shall cooperate during the trials, and during the period of his short term bail/parole, he shall not indulge in any activity of tampering of evidence or involve in any criminal activities.
12. It is made clear that if the applicant is found to have committed breach 14 of any of the above conditions, then it shall be open for the State to move an application for cancellation of the temporary bail/parole granted to him by this Court.
13. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Arpan