1 2025:CGHC:16913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 514 of 2025 Vidyashankar Jaiswal S/o Late Janakram Jaiswal Aged About 32 Years R/o Kusalnagar, Sarangarh, P.S. Sarangarh, District : Sarangarh- Bilaigarh, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ashutosh Biswas, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Manoj Kumar Jaiswal, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 11/04/2025 1. Proceedings of this matter have been taken through video-conferencing. 2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.66/2025, registered at Police Station Sarangarh, District : Sarangarh-Bilaigarh (C.G.) for alleged commission of PREETI KUMARI Digitally signed by PREETI KUMARI 2 offence punishable under Section 296, 351(2), 115(2), 331(6), 191(2), 191(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. As per the case of the prosecution, on 05.02.2025 at around 8:30 P.M., applicant alongwith other co-accused persons unlawfully entered into the residence of complainant, namely, Tulsi Ram Jaiswal armed with a stick & metal rod and assaulted Girja Shankar Jaiswal, thereafter, aforesaid offence has been registered against the applicant. Hence the anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He further submits that there is previous animosity of co-accused, namely, Madhuri Jaiswal with the complainant, Tulsi Ram Jaiswal, Girja Shankar Jaiswal and Deepti Jaiswal regarding partition of property, copy of which is annexed as Annexure A-3, on account of which, in retaliation, the complainant party have filed present case against applicant and other co-accused persons. He also submits that two of the identically situated co-accused persons, namely, Madhuri Jaiswal and Champa Jaiswal have already been granted anticipatory bail by this Court vide order dated 20.03.2025 in MCRCA No.388/2025. Hence he prays to enlarge the applicant on anticipatory bail. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant alongwith 3 other co-accused persons had unlawfully entered into the residence of complainant, namely, Tulsi Ram Jaiswal armed with a stick & metal rod and assaulted Girja Shankar Jaiswal, further anticipatory bail application of one of the co-accused person, namely, Sharad Mehar has already been rejected by this Court vide order dated 02.04.2025 in MCRCA No.453/2025, therefore, the anticipatory bail application of the applicant also deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the nature of allegation made against the present applicant that the applicant alongwith other co- accused persons had unlawfully entered into the residence of complainant, namely, Tulsi Ram Jaiswal armed with a stick & metal rod and assaulted the injured, Girja Shankar Jaiswal, so far as co-accused persons are concerned, co-accused persons, namely, Madhuri Jaiswal and Champa Jaiswal have been granted anticipatory bail on the ground of lady, their case is distinguishable from the present applicant, further the main allegation is against present applicant, who assaulted the injured with iron rod, also considering the fact that anticipatory bail application of one of the co-accused persons, namely, Sharad Mehar has already been rejected by this Court vide order dated 02.04.2025 in MCRCA 4 No.453/2025, I am not inclined to grant anticipatory bail to the applicant. 8. 8. Accordingly, the anticipatory bail application of the applicant - Vidyashankar Jaiswal, involved in Crime No.66/2025, registered at Police Station Sarangarh, District : Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Section 296, 351(2), 115(2), 331(6), 191(2), 191(3) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti