SUPREME COURT OF INDIA
DIVISION BENCH
RAJESH SHARMA
Vs.
THE STATE OF CHHATTISGARH
( Before : Dipankar Datta and Augustine George Masih, JJ. )
Criminal Appeal No.4561/2025 [Arising out of SLP (Crl.) No.9694/2025]
Decided on : 17-10-2025
A. Bharatiya Nyaya Sanhita, 2023 — Sections 298, 299, 296, 115(2), 351(2) & Chhattisgarh Religion Act, 1968 — Section 4 — Bail in anticipation of arrest — Appellant joined investigation as directed by the court — High Court rejected bail application — Supreme Court considered materials on record and found appeal deserving acceptance — Appellant admitted to bail in anticipation of arrest. (Paras 5, 6, 7, 8)
B. Bail — Conditions — Accused released on bail in anticipation of arrest to furnish bail bonds with terms and conditions fixed by the trial court — Accused not to dissuade any person from disclosing facts to police or court through inducement, threat, or promise. (Para 9)
C. Bail — Observations on merit — Grant of bail in anticipation of arrest will not be treated as findings on the merits of the case. (Para 10)
D. Investigation — Cooperation — Accused to continue to join investigation as and when called upon by the Investigating Officer — Failure to do so may lead to application before the trial court for appropriate orders. (Para 11)
ORDER
1. Leave granted.
2. The High Court of Chhattisgarh at Bilaspur, by the impugned judgment and order dated 09th April, 2025, has rejected the appellant’s prayer for bail in anticipation of arrest.
3. The appellant figures as an accused in FIR No.0078 of 2025 dated 09th March, 2025 registered at Police Station Amanaka, District Raipur, Chhattisgarh under Sections 298, 299, 296, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, (BNS) 2023 and Section 4 of the Chhattisgarh Religion Act against Conversion, 1968.
4. We have heard learned counsel appearing for the parties.
5. It is not in dispute that the appellant has joined investigation in terms of the earlier order of this Court.
6. In such view of the matter and considering the materials on record, we are of the considered opinion that the appeal deserves acceptance and the appellant may be admitted to an order for release on bail in anticipation of arrest.
7. Accordingly, we set aside the impugned judgment and order.
8. It is directed that in the event of the appellant being arrested, he shall be released on bail on terms and conditions to be fixed by the trial court.
9. Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to any police officer or to the court.
10. We clarify that the observations made in this order and grant of bail to the appellant in anticipation of arrest will not be treated as findings on the merits of the case.
11. The appellant shall, however, continue to join investigation as and when called upon by the investigating officer to do so, failing which the Investigating Officer will be free to apply before the trial court for appropriate orders.
12. The appeal is, accordingly, allowed on the aforesaid terms.
13. Pending application(s), if any, stand disposed of.