Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:18137
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 534 of 2025 1 - Manbodhi Koshle S/o Late Kheersagar Aged About 65 Years Caste Satnami Occupation Cultivator R/o Bhawarpur P.S. And Tahsil Sarangarh District - Sarangarh Bilaigarh Chhattisgarh
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Sarangarh District - Sarangarh - Bilaigarh Chhattisgarh
... Non-applicant For Applicant : Mr. Lalit Janghde, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025
1. Proceedings of this matter have been taken through video conferencing. 2. 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.115/2025 registered at Police Station – Sarangarh, District – Bilaigarh (C.G.) for the offence punishable under Sections 115(2), 191(2) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.24 17:16:43 +0530
2
3. As per prosecution case the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident, there was dispute in between parties with regard to water of the filed and thereafter, the accused persons used filthy language and committed marpeet with the injured persons. Based upon such complaint, the police has registered against the accused persons in under Section 115(2), 191(2) of BNS, 2023 and registered FIR against the present applicant on the basis of memorandum of the statement. 4. 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 by the learned counsel for the applicant false report has been lodged against the applicant and both sides have received injuries and applicant has only tried to interfere in the incident because of his son involved into the matter. He also submits that injured persons has received simple injury, which has committed by other accused not by present applicant. He further submits that the prosecution has not collected the sufficient material against the present Therefore, he prays for grant of anticipatory bail to the applicant. 5.
On the other hand, learned State counsel opposes the bail application and submits that there is no previous criminal antecedents against the present applicant but looking to the aforesaid crime, he is not entitled for grant of anticipatory bail in this case. 3
6. I have heard learned counsel for the parties and perused the materials available on record. 7. 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 the there is no previous criminal antecedents against the present applicant and injured persons has received simple injuries, 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. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Manbodhi Koshle on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they 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 them 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 them 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 themselves in any
4 offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali