1 2025:CGHC:13057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 378 of 2025 1. Loknath @ Tinku Sahu S/o Upendra Sahu Aged About 39 Years R/o Village And Post Raseda, Police Station And Tahsil Basna, District Mahasamund (C.G.) 2. Prashant Sahu @ Pappu S/o Gajendra Sahu Aged About 26 Years R/o Village And Post Raseda, Police Station And Tahsil Basna, District Mahasamund (C.G.) 3. Sachin Sahu @ Bittu S/o Narendra Sahu Aged About 30 Years R/o Village And Post Raseda, Police Station And Tahsil Basna, District Mahasamund (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Basna, District Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.03.2025 1. This first anticipatory bail application 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. 97/2025 registered at Police Station – Basna, District ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.20 12:49:29 +0530 2 Mahasamund (C.G.) for the offences punishable under Sections 115(2), 296, 3(5), 333 and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, the complainant lodged a complaint at Basna Police Station on 24.02.2025. The complaint stated that at around 9:00 hours, he was at home with his entire family when Upendra Sahu, Gajendra Sahu, Narendra Sahu, and Loknath Sahu arrived at his house, carrying sticks. They started abusing him, entered his house, and assaulted him with sticks. They also grabbed his mother's neck and threatened to kill them. 3. The learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that the applicants have neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that besides, the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicants guilty of the aforesaid offences. He further submits that the actual incident occurred on 24.02.2025, when Upendra Sahu, father of Loknath Sahu, was stopped by Dipesh Barik, Mukesh Barik, and Subhash Barik while riding his motorcycle from Raseda Basti village at 8:30 AM. They looted a gold chain, gold ring, and Rs. 50,000/- which was in Upendra's pocket, and threatened to kill him. He also submits that Subhash Barik is the father of the complainant, Kamlesh Barik, and Dipesh and Mukesh Barik are his brothers. After the incident, Upendra informed his brother and family members, who then visited Subhash Barik's house to inquire about 3 the incident. Subhash and his family members threatened Upendra's family with death and false implication. Upendra filed a complaint with the SHO of Basna Police Station, but it was not registered on 24.02.2024. Later, on 27.02.2025, Upendra's brother, Gajendra Sahu, filed a complaint with the Superintendent of Police, Mahasamund, stating the incident and alleging that the report against the applicants was filed on false grounds due to Sandeep Barik's connections with the police authorities. Copies of the complaints dated 24.02.2025, and 27.02.2025, are filed and marked as Annexure A-2. He further submits that though the injuries received by the injured were found to be simple in nature, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, it appears that the injuries of the injured persons were found to be simple in nature, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Loknath @ Tinku Sahu, Prashant Sahu @ Pappu and Sachin Sahu @ Bittu on executing a personal bond and one surety each in the like sum to 4 the satisfaction of the arresting OfÏcer, 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 them 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 sureties shall submit a copy of their 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. (e) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek