1 2025:CGHC:21096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 660 of 2025 Anita Bharti W/o Deepak Kumar Bharti Aged About 40 Years Village- Gwalindih, Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Ms. Nilu Singh, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07/05/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending her arrest in connection with Crime No.134/2025, registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for alleged commission of offence GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.08 18:29:07 +0530 2 punishable under Sections 296, 351(2), 115(2), 333 & 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Kamla Bharti lodged a report at Police station Sarangarh that on 25.03.2025 the accused Deepak Kumar Bharti entered into the house having iron rod and after abusing, assaulted the brother-in-law (Jeth) on his head and when the brother-in-law (Devar and Jeth) and father-in-law reached the house then the accused Deepak Bharti, his father, accused Jeetram Bharti, accused Bhavesh Bharti and Women of their house also committed "Marpit and assaulted by rod and "Lathi and Danda". Due to assault the father-in-law, brother-in-law Kanhaiya Bharti and brother-in-law Parmanand of complainant received injuries on head. On the basis of report, the police registered the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that the complainant party were aggressor and came and entered into the the house of present applicant and by abusing the accused persons tried to press the neck of father-in-law of applicant Anita Bharti. After seeing the incident the accused persons came and tried to rescue the father-in-law of applicant Anita then the complainant and their companion assaulted by hands and fists and also by "Lathi and Danda" to the applicant and her family member/co-accused and torn the cloths of applicant Anita and also pelted stones on the house of applicant. The father-in-law of applicant Anita got admitted in the hospital, on the basis of complaint of applicant Anita, the police 3 registered the Crime No. 133/2025 for the offence under Section 115(2), 125, 296, 3(5) & 351(2) of BNS, 2023. He would submit that when the complainant got the knowledge that the applicant Anita Bharti has lodged the report against them, then they lodged the false report against the present applicant and other co-accused persons. He would submit that the present applicant has no criminal antecedent. He would submit that the present applicant is having a infant child and if she is arrested and send to jail custody then both of them would suffer great difficulty, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and he would submit that anticipatory bail application of co-accused persons namely Deepak Kumar Bharti and Radha Bharti have been rejected by this Court vide MCRCA No. 622 of 2025 on 02/05/2025. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that there is two injuries on head of the father-in-law and brother-in-law of the complainant and also considering the fact that anticipatory bail application of co-accused persons namely Deepak Kumar Bharti and Radha Bharti have been rejected by this Court vide MCRCA No. 622 of 2025 on 02/05/2025, as such, I am not inclined to grant anticipatory bail to the applicant. 4 7. 4 7. Accordingly, the anticipatory bail application of the applicant - Anita Bharti, involved in Crime No.134/2025, registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 115(2), 333 & 3(5) of BNS, 2023 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri