1 2025:CGHC:10856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 308 of 2025 Ritik Madhukar S/o Mahendra Madhukar Aged About 24 Years R/o Village Pachpedi, Ward No. 15, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Pachpedi Bilaspur District - Bilaspur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Praveen Shrivastava, Advocate. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. For Objector : Mr. Sushil Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.10/2025 registered at Police Station Pachpedi Bilaspur District - Bilaspur (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 115(2), 119(1), 296, 3(5), 351 (2) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the a report filed by the complainant, Aryan Jangde (also known as Akshat Jangde in his Aadhar card), at the Pachpedi Police Station in Bilaspur on January 12, 2025. According to the report, on January 11, 2025, at around 8:30 P.M, the complainant visited a paan shop near the Pachpedi bus stand to buy chips and Kurkure. While he was there, four boys, including Raju Bharti, approached him. Raju asked the complainant for money to buy alcohol, and when he refused, Raju and his companions allegedly abused and threatened him. The situation escalated, and the complainant was physically assaulted, sustaining injuries near his left eye, head, right hand, and back. Thereafter, the aforesaid offence has been registered against the applicant. Hence the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that the applicant has never demanded money from the complainant, as the same was demanded by other co- accused persons, namely, Rajiv and Bharti. He also submits that the matter has already been compromised between the parties, mother of complainant has given her affidavit showing that she has no objection if the present applicant has been granted anticipatory bail, so far as the injury sustained by the complainant 3 is concerned, the complainant has received injuries, which are simple in nature, hence he prays for grant of anticipatory bail to the applicant. 4. Learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith other co- accused persons had assaulted the complainant, due to which, he has received injuries near his left eye and on his head, therefore, he is not entitled for grant of bail. 5. Learned counsel for the objector submits that the mother of complainant has filed her affidavit before learned trial Court, showing that she has no objection, if the present applicant has been granted anticipatory bail, the said fact also reflects from the bail rejection order passed by the trial Court. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that as the complainant is minor, his mother has filed an affidavit before the trial Court showing that she has no objection, if the present applicant has been granted anticipatory bail, the said fact also reflects from the bail rejection order passed by the trial Court, so far as the injuries sustained by the complainant is concerned, the same is simple in nature, as such, without further commenting 4 anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ritik Madhukar, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil