1 2025:CGHC:13464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 343 of 2025 Kamal Singh Netam S/o Shri Rattiram Netam Aged About 55 Years R/o Village - Puswada, Thana And Tahsil - Kanker, Distt. - North Baster Kanker Chhattisgarh --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Kanker, Distt. - North Baster Kanker Chhattisgarh --- Non-Applicant MCRCA No. 351 of 2025 Rukhmani Kosma D/o Vijay Kosma Aged About 60 Years R/o Puswada, P.S. Kanker, District Uttar Bastar Kanker Chhattisgarh ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kanker, District Uttar Bastar Kanker Chhattisgarh. --- Non-Applicant For Applicant (in MCRCA No. 343/2025) : Mr. Sunil Sahu, Advocate. For Applicant (in MCRCA No. 351/2025) : Mr. Ishwar Jaiswal, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI 2 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These first anticipatory bail applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 54/2025 registered at Police Station – Kanker, District Uttar Bastar Kanker (C.G.) for the offences punishable under Sections 191(2), 191(3), 296, 115(2), 221, 121(1), 132, 126(2), 127(2), 324(3), 309(6) of Bharatiya Nyaya Sanhita (B.N.S.), 2023 and Sections 3, 4 of Prevention of Public Property Damages Act. 3. Prosecution case in brief is that the complainant Ashok Kumar Gote lodged the report at Police station Kanker on 18.02.2025 with the averment that he was working as a teacher and his duty is fixed in the Panchayat Election at Puswada Gram panchayat on 17.02.2025 at about 8. 30 to 10 pm the counting of votes is conducted and the team is sealed the Box at that time the Sarpanch candidate Rukhmani Kosma and her supporter have abused them and stop them in the Panchayat Bhawan when they are going with police party on the way damages their vehicle and also caused the injury of the election team by hand fist and club so on the basis of the report, Police registered 3 the offence against 12 named person and 40-50 others and sought to arrest the applicant. 4. In MCRCA No. 343/2025- Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in offence in question. He further submits that the Sarpanch Candidate and her supporter were demanded the recounting of votes at that time some hot talk has been exchange between them and the one of the co-accused Rohit Netam has locked the Panchayat Bhawan, therefore, the report against the all villagers has been lodged. He further submits that the applicant is 55 years old aged person and he is suffering from various ailments and he was not present in the panchayat Bhawan but his name has been roped in the present case by the rival groups only on the ground that he has supported the Rukhmani Kosma in the election. He also submits that the co-accused persons were granted regular bail by the trial Court. Hence, these anticipatory bail applications are liable to be allowed. 5. In MCRCA No. 351/2025- Learned counsel for the applicants submits that the applicant is innocent and have been falsely implicated in offence in question. He further submits that the applicant is a old lady and the applicant has neither used filthy languages nor damaged the property nor committed any alleged offences as leveled against her. He further submits that only on the basis of merely suspicion, the applicant has falsely been implicated in a false allegation of complaint. He also submits that some co-accused persons were granted regular bail by the trial Court. Hence, these anticipatory bail applications are liable to be allowed. 4 6. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and allegation made against the present applicants and the fact that only on the basis of merely suspicion, the applicant have been falsely implicated in the case, further the applicants have no criminal antecedents, also considering the fact that some accused persons have already granted bail by the trial Court, this Court deems it appropriate to grant anticipatory bail to the present applicants. 9. Accordingly, the instant anticipatory bail applications are allowed and it is directed that in the event of arrest of the applicants- Kamal Singh Netam (MCRCA No. 343/2025) and Rukhmani Kosma (MCRCA No. 351/2025), on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) they 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 their from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants and the surety shall submit a copy of 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. 5 (e) they shall not involve herself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti