1 2025:CGHC:14824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 424 of 2025 1 - Kalpana Bariha W/o Dilip Bariha Aged About 52 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 2 - Sukanti Bariha W/o Ghurau Bariha Aged About 40 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 3 - Basanti Kunwar W/o Mahadev Kunwar Aged About 45 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 4 - Ashok Bariha S/o Dhanishtha Bariha Aged About 37 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 5 - Chandrika Prasad Vishwakarma S/o Jagdish Vishwakarma Aged About 50 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 6 - Jagannath Patel Aged About 46 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) 7 - Khemraj Patel S/o Harischand Patel Aged About 43 Years R/o Village Raksa, Post Kalenda, Police Station Singhoda, Tahsil Saraipali, Distt. Mahasamund (C.G.) ... Applicant(s) MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.28 10:54:28 +0530 2 versus State Of Chhattisgarh Through Police Station- Singhoda, District- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Kishore Narayan, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.03.2025 1. Mr. Kishore Narayan, learned counsel for the applicants submits that the defaults pointed out by the Registry have already been cured. In view of the same, the matter is being heard finally. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 37/2024 registered at Police Station – Singhoda, District- Mahasamund (C.G.) for the offence punishable under Sections 147, 148, 186, 323, 332, 353 and 425 of the IPC. 3. As per the prosecution case, on 01.05.2023, the police received information that in village Raksa in the house of Narayan Prasad Patel, some unknown persons were pelting stones. Pursuant to this information, the patrolling vehicle of police along with two constables and one driver reached there. At that time 8 to 10 women and men were carrying lathi and assaulted the vehicle with stick and stone. Due to which, the glass of the vehicle got damaged. 3 The police persons received injury in right shoulder, cheek and back. The matter was reported to the police and FIR was registered on the next day. 4. Learned counsel for the applicants submits that applicants are innocent and are falsely implicated in the case in question. The FIR was registered against unknown persons and there is no material to connect the present applicants with the incident. The notice dated 26.09.2024 has names of 11 persons. The notice does not have other details like fathers name, village etc. Six persons surnames have also not been mentioned. Therefore, the involvement of applicants is based on mere suspicion. FIR was registered on 02.05.2023 and first time the notice was served on 26.09.2024. During this time, the applicants and other persons were in their villages. There was no attempt by the police to investigate the case.The FIR alleges that constable received simple injuries. It is not sure whether any MLC has been done or not. The applicants were not involved in the case, therefore, they were not arrested. Till date, charge-sheet has also not been filed. Further, co-accused Anjali Patel, Sahiblal Bariha and Usatram Pandey were granted anticipatory bail by this Court on 10.12.2024 in MCRCA/1423/2024. In view of the doctrine of Parity, applicants deserves to be extended benefit of anticipatory bail also in the event of their arrest. 5. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant, but could not dispute the fact that co-accused persons have already been granted anticipatory bail by this Court and the case of the present applicants 4 is similar to that of the co-accsued. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and further the fact that co-accused persons have already been granted anticipatory bail by the this Court, copies of which are attached with the bail application and the case of the present applicant is similar to that of the co-accused, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicants on the ground of parity. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Kalpana Bariha, Sukanti Bariha, Basanti Kunwar, Ashok Bariha, Chandrika Prasad Vishwakarma, Jagannath Patel and Khemraj Patel, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) They should 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) They should not act in any manner which will be prejudicial to fair and expeditious trial. 5 (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet