1 2025:CGHC:14361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 409 of 2025 • Lalchand Patel W/o Late Dahru Patel, Aged About 60 Years, R/o Vill. Thakurdia Khurd, Police Station- Pithora Tehsil- Pithora, Dist. Mahasamund (C.G.), ... Applicant versus • State of Chhattisgarh Through Station House OfÏcer (S.H.O.) P.S. Pithora Dist. Mahasamund (C.G.), ... Respondent For Applicant : Mr. Balraj Gupta, Advocate. For Non-applicant : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 25.03.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 156/2024, registered at Police Station – Pithora, District – Mahasamund (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, the complainant Ahilya Bai Sinha has lodged a report on 22.07.2024 stating that at about 07:00 PM, the water from the syntax of the house of the applicant Lalchand was falling PREETI KUMARI Digitally signed by PREETI KUMARI 2 in her house and when she and her husband made complaint to the applicant and other co-accused persons about falling of the water, then the applicant and co-accused persons assaulted them with the handle of axe and spade due to which the complainant and her husband suffered injuries. Based on the aforesaid report of the complainant, the FIR was registered under the aforementioned Sections against the applicant and co-accused persons. 3. The learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the case. He further submits that in the said altercation, both the parties have received injuries and thus, cross FIRs has been registered against both the parties. It is further stated that the wife and daughter of the applicant have applied for the anticipatory bail and the same was rejected by this Court vide order dated 25.10.2024 passed in MCRCA No.1273/2024 against which they preferred SLP dated 28.02.2025 before the Hon'ble Apex Court and the same was allowed and they were granted anticipatory bail and the copy of same is annexed with this petition as Annexure A-5. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that the applicant is the main accused who has assaulted the injured with axe (tangia) and caused grievous injury to the injured person. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that three lacerated wound have been found over the frontal region of the head of the injured Arjun Sinha which appears to be grievous and dangerous to life and X-ray of the skull is advised, further considering the fact that the present applicant is the main assailant who has assaulted the injured with axe (tangia) and caused grievous injuries which appears to be dangerous to life, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Lalchand Patel, filed under Section 482 of the BNSS, 2023 in connection with Crime No.156/2024, registered at Police Station – Pithora, District – Mahasamund (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296, 3(5) of B.N.S. , is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti