1 2025:CGHC:19748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 610 of 2025 1 - Abit Kewat S/o Shri Pardeshi Ram Kewat Aged About 35 Years R/o Village - Changori, Thana - Lawan, Distt. Balodabazar-Bhatapara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Lawan, Distt. Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Sumit Shrivastva, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/04/2025 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.161/2025 registered at Police Station – Lawan, District- Balodabazar-Bhatapara for the offences punishable under Sections 296, 115(2), 324(4), 309(4) of Bhartiya Nyay Sanhita 2023. 2 2. Case of the prosecution, in brief, is that the complainant lodged the report at police station Lawan on 26.03.2025 with the averment that at village Changori Sand River Bank (Ret Ghat) 20-25 persons came and asked to close the transporting of illegal sand when complainant says that he will call the manager but the applicant and others abuses him and snatched the bill book and turned the same also broken the glass of machine further allegation is that they have taken a sum of Rs. 8,000/- cash from him therefore, police has registered the offences as mentioned above and sought to arrest the applicant and others. 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 some hot talk has been exchange between the parties and applicant is a resident of village Changori and he is ex-panch of the Gram Panchayat on the protest he went to the River with the villagers to give the advise to the complainant to not remove the sand without royalty but the complainant started dispute and implicated the applicant and others in the present case. He further submits that the applicant is 35 years old person and allegation for causing the injury and taken the amount is not against the present applicant it is against the other co-accused persons, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer and submits that there is no previous criminal antecedent against the present applicant but looking to the aforesaid offences he is not entitled 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 and submits that there is no previous criminal antecedent against the present applicant and and allegation for causing the injury and taken the amount is not against the present applicant it is against the other co- accused persons, 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 – Abit Kewat 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 4 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