1 2025:CGHC:16905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 512 of 2025 Anima Singh W/o Gulshan Kumar Aged About 28 Years R/o Village - Badkimahari, P.S. And Tahsil - Balrampur, Distt . -Balrampur- Ramanujganj (C.G.) ... Applicant(s) versus 1 - Simpal Singh D/o Late Devnarayan Singh Aged About 28 Years R/o Village - Kamlapur, P.S. - Karoundha, Distt . -Balrampur-Ramanujganj (C.G.) 2 - State Of C.G. Through - The Station House Officer, Police Station - Balrampur, Distt . -Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. A.N. Pandey, Advocate appearing through video conferencing. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.04.2025 1. Proceedings of this matter have been taken through video- conferencing. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Complaint Case No.481/2023 registered at Police Station Balrampur, Distt. - Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 367, 325 and 34 of the Indian Penal Code (for short ‘IPC’). 3. Prosecution case in brief is that the on 26.9.2022, the complainant was going alongwith her friend and when they reached near Chando Chowk Balrampur, the accused/applicant and other accused persons came in Bolero Vehicle and caught hold the complainant, abducted her and took her to the house of Hariprasad and committed marpit with her and also looted her mobile phone and bag, thereafter, the accused person locked the complainant in the room and after some time the accused/persons thrown the complainant out from their house and inform to the police. Letter on complainant was admitted in hospital and made a complaint before the Police Station against them. On the basis of such complaint, Police of Police Station Balrampur registered the Crime No. 215/2022 against the applicant and other co-accused persons for the offence under Sections 294, 506, 323, 342/34, 325 of I.P.C and after completing the investigation police filed the charge-sheet before the learned J.M.F.C-Balrampur in Criminal Case No. 71/2023, the applicant and other co-accused are on bail, further after filling of charge-sheet, the complainant filed the 3 complaint case in the same incident before the learned trail Court under Section 200 of Cr.P.C for registering the offence under Sections 307, 365, 294, 506, 323, 376(N), 342, 325, 292/34 of I.P.C against the applicant and other accused person After recording the statement of complainant, learned trail Court registered the offence under Sections 367, 325/34 of I.P.C against the applicant and issued arrest warrant against her. Hence, the anticipatory bail application. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that three of the identically situated co- accused persons, namely, Sunita Devi, Kumari Vijeta and Jitendra Prasad have already been granted anticipatory bail by this Court vide order dated 22.04.2024 in MCRCA No.1412/2023, hence he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant alongwith other co-accused persons had abducted the complainant took her to their house, where they assaulted her and thereafter threw out of the house, therefore, applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 4 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 the fact that though the applicant is alleged to have abducted the complainant took her to their house, where they assaulted her and thereafter threw out of the house alongwith other co-accused persons, but three of the co-accused persons, namely, Sunita Devi, Kumari Vijeta and Jitendra Prasad have already been granted anticipatory bail by this Court vide order dated 22.04.2024 in MCRCA No.1412/2023 and the case of present applicant is identical to that of the co-accused persons, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Anima Singh, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 5 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti