1 2025:CGHC:1557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 22 of 2025 Purushottam @ Golu Madankar S/o Krishna Rao Madankar Aged About 45 Years R/o Old Mandi Ganjpara Police Station Mahasamund, Dist. Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Mahasamund, District Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 566/2024 registered at Police Station – Mahasamund, District Mahasamund (C.G.) for the offence punishable under Sections 296, 351(2), 324(4), 331(4), 191(2) of the BNS. 2. Prosecution case in brief is that on 28.11.2024, at around 1:30 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 12:11:10 +0530 2 O'clock, both the present applicant with other 15-20 persons having Club, Sword, Rod, to destroy the property of the complainant started banging the doors of the house of the applicant and entered the house. So, on the basis of the statement of the complainant the police has registered offence 296, 351(2), 324(4), 331(4) 191(2) of BNS against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the aforesaid case, he is innocent and has not committed any offence. He further submits that counter FIRs were lodged against the applicant and complainant’s husband and further, complainant’s husband has already been granted bail in the case registered against him by the applicant. So far as present case is concerned, out of total 9 accused persons, 2 persons have been granted anticipatory bail and 3 persons have been granted regular bail by the trial Court and the bail application of the applicant was rejected only on the ground that the applicant has only one previous criminal antecedent registered against him under Section 306 of the IPC. The applicant has been framed in the present case due to political rivalry and previous animosity. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant, but could not dispute the fact that out of total 9 accused persons, 2 persons have been granted anticipatory bail and 3 persons have been granted regular bail by the trial Court and further the case of the present applicant is identical to that of the co-accused persons. 3 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that counter FIRs were lodged against the applicant and complainant’s husband and further, complainant’s husband has already been granted bail in the case registered against him by the applicant and further, out of total 9 accused persons, 2 persons have already been granted anticipatory bail and 3 persons have been granted regular bail by the trial Court and the case of the present applicant is identical to that of the co-accused persons and the bail application of the applicant was rejected only on the ground that the applicant has only one previous criminal antecedent registered against him under Section 306 of the IPC, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Purushottam @ Golu Madankar, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 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 sureties 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil