1 2025:CGHC:19974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 618 of 2025 1 - Atma Ram Yadav S/o Brijlal Yadav Aged About 56 Years R/o Village Dandesara Chowki Jevara - Sirsa Police Station Pulgaon Tehisl 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 Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya 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 for the offences punishable under Sections 333, 296, 115(2), 191 of Bhartiya Nyay Sanhita 2023. 2. Case of the prosecution, in brief, is that the applicant on 15.03.2025 came in front of her house and started abusing Nemu Yadav who was playing in front of her house and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:20:23 +0530 2 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-Sirsa, Police Station Pulgaon and for which the present FIR was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit 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 in his matter. During the rescue of Mrs. Jharna Sahu, the applicant and the other family members were abused and 3 assaulted for which a complaint was lodged before the Police Chowki Jevra-Sirsa, Durg, Chhattisgarh. He would submit that there is no criminal case pending against the applicant and co- accused Santosh Kumar Yadav has already enlarged on bail by this Hon’ble Court vide order dated 11.04.2025 in MCRCA No. 500 of 2025, 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 prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 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 the applicant won the election and the present FIR is a direct counter blast of the said loss of the complainant's husband and the fact that and co-accused namely Santosh Kumar Yadav has already enlarged on bail by this Hon’ble Court vide order dated 11.04.2025 in MCRCA No. 500 of 2025, 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 – Atma Ram Yadav, 4 on executing a personal bond and 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 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 applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali