1 2025:CGHC:21678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 690 of 2025 1 - Ishwari Karsh S/o Late Purushottam Karsh Aged About 55 Years R/o Village Nariyara, Ward No. 4, Tehsil - Akaltara, Police Station - Mulmula District Janjgir-Champa Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Station - Mulmula, District Janjgir-Champa Chhattisgarh ... Non-applicant For Applicant : Mr. Rohit Sharma, Advocate For State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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.104/2025 registered at Police Station – Mulmula, District- Janjgir-Champa (C.G.) for the offences punishable under Sections 296, 221, 121(2), 132 & 351(3) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant Nikhil Prabhakar Swarnkar R/o Pamgarh has lodged FIR against the applicant on 29.04.2025 in respect of the incident that allegedly VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:24:59 +0530 2 took place on 28.04.2025 at 11.15 p.m. and the complainant has alleged that he was on patrolling duty with employees of the Irrigation Department -Genda Prakash pandey, Jairam Patel, and Rahul Yadav. They were monitoring the water released from the Banahill Branch Canal for the Rabi crop. While complainant was waiting for his team on the Nariyra Village main road, at the same very time the accused/applicant also reached the same place and started quarreling with him, thereafter applicant/accused allegedly questioned the complainant about not supplying water to the farmers from the Amora Canal. Complainant replied that water was flowing properly in the Amora canal. However, applicant/accused became aggressive, used obscene language, and also alleged that the complainant is lying, and obstructed his government duty and slapped and threatened to kill him as well. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He also submits that the applicant is a law abiding citizen and he along with other farmers were only peacefully requesting the officials to release the water to which the complainant became angry and misused his position of public servant and lodged false FIR and the entire incidence is well observed by all the villagers and elected representatives of public. He also submits that the entire allegation is bereft of any substance as no independent witness has stated about the same. Rather the villagers and other elected office bearers have duly complained 3 about the false FIR being registered for ulterior motive, 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 and submits that applicant has criminal antecedent vide crime numbers 173 of 2024 registered at P.S. Mulmula for offence under Section 294, 506, 323, 324 of IPC and other criminal antecedent includes two istgasha bearing No. 14/2020 and 141/2024. 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, considering the fact that the there is no independent witness has stated against the present applicant, looking to the age of applicant, investigation and trial are likely to take time, 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 – Ishwari Karsh 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice vaishali