1 2025:CGHC:21089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 667 of 2025 1 - Devendra Patel S/o Shivnath Patel Aged About 27 Years R/o Gram Narsaiyaa Pallam, Police Station - Basna, Mahasamund (C.G.) 2 - Rupendra Patel S/o Shivnath Patel Aged About 23 Years R/o Gram Narsaiyaa Pallam, Police Station - Basna, Mahasamund (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through- Police Station Basna, District- Mahasamund (C.G.) ... Non-applicant For Applicants :Mr. Vikrant Arora along with Mr. Ankur Diwan, Advocate For State : Ms. Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.117/2025 registered at Police Station – Basna, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:04 +0530 2 District- Mahasamund (C.G.) for the offences punishable under Sections 115(2), 296, 351(2), 3(5) of BNS, 2023. 2. As per prosecution story, is that, the F.I.R. was lodged on the instance of one Bhojraj Patel inter alia on the allegations that when the complainant was working as a contractual farmer (Adhiya) on the land of Satyaprakash Patel on 08.03.2025 at about 08:00 am in the morning when he was carrying out the leveling work of the agricultural land of the Satyaprakash Patel using J.C.B & Tractor. That about 12:00 pm Shivnath Patel (who is the owner of adjacent land) along with his sons Devendra Patel & Rupendra Patel came on the spot with bamboo stick and started quarrel with the complainant by saying that why he is leveling his part of the land, the land of the accused will get affected and water will get filled/stored in the land of the applicants/accused and they will face loss in the agriculture activities and further they started abusing and assaulting the complainant along with the Hariram Nishad with the bamboo stick because of which he got injuries in the head, face, back, waist, both hand and both legs and further they threatened him with his life. 3. Learned counsel for the applicant submits that the applicant are innocent and they have been falsely implicated in the present case. They would submit that the applicants are the agriculturise and resident of Gram Narsaiyaa Pallam, Mahasamund. The allegations contained in the FIR are baseless and are not correct. The applicants being an agriculturise was 3 insisting the complainant who was leveling his land to not to do so as his land may get filled with water and may suffer loss in agriculture, but the complainant has refused to do so and due to which there was some hot talk between the applicants and the complainant, therefore, he submits that the present applicants are 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 and looking to the seriousness of the offence and injuries received by the injured, conduct of the present applicant, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant– Devendra Patel and Rupendra patel filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 117/2025 registered at Police Station – Basna, District- Mahasamund (C.G.) for the offences punishable under Sections 351(2), 3(5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali