1 2025:CGHC:19400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 594 of 2025 1 - Lukesh Kumar Yadu S/o Hardev Lal Yadu Aged About 23 Years R/o Village Dandesara, Chowki Jevara-Sirsa, Police Station - Pulgaon, Teshil And District - Durg, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Pulgaon, District - Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Siddharth Tiwari, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/04/2025 1. 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. 97/2025 registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 333, 296, 115(2), 191of the BNS. 2. The prosecution story, in brief, is that the applicant on 2 15.03.2025 came in front of her house and started abusing Nemu Yadav who was paying in front oh her house and thereafter the applicant entered her house and started abusing and assaulting her son Rakesh Yadav and when she tried to stop, the applicant also slapped her. For the said incident, the complainant filed a written complaint on 23.03.2025 before the Police Chowki, Jevra-Sira, Police Station Pulgaon and for which the present FIR was registered. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the complainant's husband and the applicant contested against each other in the Panchayat Election 2025 and the applicant won the election and the present FIR is a direct counter blast of the said loss of the complainant's husband. He would submit that the applicant contested the election against Mr. Shivbalak Yadav who is the husband of present complainant. He would submit that in the said election one lady namely Jharna Sahu supported the applicant and also participated in election canvasing. As a result of defeat on 19.02.2025, Mr. Shivbalak Yadav i.e. husband of complainant on 15.03.2025 illegally entered the house of Mrs. Jharna Sahu and started abusing her for which she informed the applicant and called him in the capacity of elected Panch. The Applicant along with his relatives came for the rescue of Mrs. Jharna Sahu, where Mr. Shivbalak Yadav started abusing the applicant that why applicant is interfering 3 in his matter. During the rescue of Mrs. Jharna Sahu, the applicant and the other family members were abused and assaulted for which a complaint was lodged before the Police Chowki Jevra-Sirsa, Durg, Chhattisgarh. He also submits that the co-accused namely Santosh Yadav has already been granted anticipatory bail by this Court on 11.04.2025 in MCRCA No. 500 of 2025. He would submit that there is no criminal case pending against the applicant and investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that complainant's husband and the applicant contested against each other in the Panchayat Election 2025 and co-accused namely Santosh Yadav has already been granted anticipatory bail by this Court on 11.04.2025 in MCRCA No. 500 of 2025 and the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Lukesh Kumar 4 Yadav 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) 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 him 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 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 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali