1 2025:CGHC:17891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 544 of 2025 1 - Pradum Pandey S/o Thakur Prasad Pandey Aged About 49 Years, 2 - Kiran Devi Pandey W/o Pradum Pandey Aged About 45 Years, 3 - Chandrakant Pandey S/o Pradum Pandey Aged About 20 Years, All are R/o Village Sakarra, Police Station Malkharouda, District Sakti (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Malkharouda, District Sakti (C.G.) ... Respondent(s) For applicants : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Ms. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/04/2025 1. Proceedings of this matter have been taken through video conferencing. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.23 16:22:00 +0530 2 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.39/2025 registered at Police Station – Malkharouda, District Sakti (C.G.) for the offences punishable under Sections 115(2), 296, 351(2), 333 Read with Section 3 (5) of B.N.S. 3. Case of the prosecution, in brief, is that the complainant lodged oral complaint on 07-02-2025 that at about 4.30 PM, when he was in his house at that time, the applicants who are neighbor of the complainant were shouting using filthy languages to the complainant and with having common intention, all the applicants assaulted the complainant by hand and fist and also from the sticks, by which the complainant got injuries, therefore on the basis of said complainant, the crime has been registered under Section 296, 351 (2) and 115 (2) read with Section 3 (5) of BNS and during the investigation, offence under Section 333 of BNS has been added and the matter is under investigation. 4. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that the complainant is having previous enmity with the applicants and having personal grudge with the applicants, because earlier on 10-12-2024 one of the applicant lodged FIR against the complainant for the offence under Section 296, 351 (2), 324 (4), 326 (1) and 333 of BNS relating to Crime No.328/2024, in which the complainant also arrested and therefore after releasing, the complainant, lodged a false compliant against the applicants. He would submit that on the date of incident i.e. on 07-02-2025 one of the 3 applicant also made written complaint against the complainant and on very next date i.e. on 08-02-2025, again the applicant No.1 made written complaint before the Superintendent of Police, Sakti but no action has been taken and the police has registered the FIR against the present applicants. He would submit that at the time of registration of FIR, no any allegation made by the complainant with regard to house tress pass and looking to the FIR also no any allegation has been made with regard to house tress pass and all the offences are bailable in nature, but during the investigation, the offence under Section 333 of BNS has been added. He would submit that the applicants belongs to the same family and the applicant No.2 is lady and the applicant No.3 is only 20 years of young youth and the applicant No.1 is husband of applicant No.2 and father of applicant No.3. Therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicants, considering the fact that earlier one of the applicant lodged FIR against the complainant and also considering the fact that the applicants belong to same family they are husband, wife and son, therefore, I am inclined to grant anticipatory bail to the present applicants. 4 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Pradum Pandey, applicant No.2 Kiran Devi Pandey and applicant No.3 Chandrakant Pandey on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants 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 applicants and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri