1 2025:CGHC:14823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 427 of 2025 1 - Naresh Kumar Sahu S/o Shri Ranjeet Sahu Aged About 26 Years R/o Village Amali, Police Station - Kota, District - Bilaspur, Chhattisgarh 2 - Lokesh Sahu S/o Shri Vinod Sahu Aged About 27 Years R/o Vinoba Nagar, Gayatri Mandir, Police Station - Tarbahar, District - Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Kota, District - Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pawan Shrivastava, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 27.03.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.28 10:54:27 +0530 2 with Crime No.787/2024, registered at Police Station Kota, District - Bilaspur (C.G.) for alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3), 3(5) of the BNS. 2. As per the case of the prosecution, on 22.09.2024 at 3.30 pm, Harsh Kaushik called on Kuldeep Baghel's mobile and told that, some boys in the road next to Ganiyari are robbing keys of his bike and assaulting them. Then the Complainant, Dipanshu and Kuldeep were coming to Ganiyari in a motorcycle, then Harsh Kaushik and Preetam told them that, they are going in front of them towards Kota and they were also chasing them. Then the said boys stop in front of Kota Petrol Pump. Seeing them, Kuldeep and Dipanshu also stopped and there were more boys and girls with the boys in scooty. Around 4.45 pm, Dipanshu went near them and asked that, why they beat his friends, upon which they started beating Dipanshu and two boys beat him and Kuldeep with hand and one of them taking out the knife with him and stabbed Dipanshu with the intention of killing him, which caused Dipanshu Sahu to fall on the ground and after the incident, they ran away, but one scooty registration No. CG-10-AN-6956 were caught by them and they took Dipanshu Sahu to Govt. Hospital where he has been referred upon to Om Hospital, Sakari for treatment. On the basis of complaint, F.I.R. has been registered against 3-4 unknown persons for the offence punishable under section-109, 3(5) of B.N.S.S., and after completion of investigation the charge- sheet has been filed. 3 3. Learned counsel for the applicant submits that the allegation leveled against the applicants is without substance and FIR has been registered against unknown person and the name of applicants has been added only on the basis of memorandum of co-accused, moreover the alleged offence has not been committed by applicants and he is fully innocent about the crime as he was not present at the time of incident. As per knowledge of the present applicants, the complainant and his companion were chasing others and started assaulting them and therefore the counter attack was made by co-accused only to save themselves and thus the whole case is arose in the self defense of co- accused. Further, the co-accused persons have already been granted regular bail by this Court vide M.Cr.C.No.7695, 8006, 8010, 8021, 8033, 8555, 8888 of 2024, whereas, M.Cr.C.(A) No.115/2025 has been rejected, but the case of present applicants is entirely different from that accused and therefore the present applicant's are entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicants and submits that applicants along with other co-accused persons assaulted the complainant with knife in his intestines and abdomen which were serious in nature. Moreover, in the statement of the injured, name of accused persons along with co-accused persons have come into light. Further, so far as ground of parity is concerned, none of the co-accused have been granted anticipatory bail. Therefore, 4 the anticipatory bail application of the applicants deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegations made against the present applicants that applicants along with other co-accused persons assaulted the injured with knife in his intestines and abdomen which were serious in nature, moreover, in the statement of the injured, name of accused persons along with co- accused persons have come into light and further, none of the co- accused have been granted anticipatory bail by this Court, hence I am not inclined to grant anticipatory bail to the applicants. 7. 7. Accordingly, the anticipatory bail application of the applicants – Naresh Kumar Sahu and Lokesh Sahu involved in Crime No.787/2024, registered at Police Station Kota, District - Bilaspur (C.G.) for alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3), 3(5) of the BNS is rejected. Sd/- (Ramesh Sinha) Chief Justice Manpreet