1 2025:CGHC:14901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 426 of 2025 Upendra Sahu S/o Late Maguni Sahu Aged About 76 Years R/o Village /post Rasoda, Police Station And Tahsil Basna District - Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Basna District – Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 97/2025 registered at Police Station – Basna District – Mahasamund (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 333 and 351(2) of the Bharatiya Nyaya Sanhita (BNS). 2. The prosecution story, in brief, is that on 24.02.2025 the complainant made complaint to the Police Station concerned stating therein that at about 9.00 hrs, he was in his home along with whole family members, at that time the Loknath, Prashant Sahu, Sachin Sahu, Gajendra Sahu, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Narendra Sahu and present applicant came to his house having sticks on their hands and started abusing him and entered the house of complainant and beaten the complainant from stick and caught hold the neck of his mother and threatened to kill them. On the basis of the said complaint, the FIR was registered by the Police. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there are a total of 4 criminal antecedents of the applicant out of which 3 have been compromised and one case is ended in acquittal, and the co-accused persons have already been granted bail by this Court vide order dated 19.03.2025 passed in MCRCA No. 378/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that there are a total of 4 criminal antecedents of the applicant out of which 3 have been compromised and one case is ended in acquittal, and the co-accused persons have already been granted bail by this Court vide order dated 19.03.2025 passed in MCRCA No. 378/2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Upendra Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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 him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar