{M.Cr.C.(A)No.744/2025} 2025:CGHC:22086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 744 of 2025 Ram Gopal Prajapati, S/o Khiladi Lal Prajapati, Aged about 66 years, R/o Village Durti, P.S. and Tehsil Pratappur, District Surajpur (C.G) --- Applicant versus State of Chhattisgarh, Through Thana Pratappur, District Surajpur (C.G.) --- Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant : Mr. Ashish Shukla, Additional Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.05.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.87/2025, registered at Police Station Pratappur, District Surajpur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 115(2) and 109 of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, on 15-4-2025 at about 1:30 p.m., complainant Shankardayal Gupta heard some noises and on reaching to the place of incident from where he heard the noises, he found that his brother Purushottam Gupta was lying on the ground and blood was oozing from his SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.15 18:30:07 +0530 {M.Cr.C.(A)No.744/2025} chest and his another brother Ramchandra Gupta sitting on the ground was having injury on his head. He was informed that the applicant has assaulted them with iron rod and also threatened them and thereby committed the offence. Hence, this application. 3. Learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that no single evidence has been collected by the prosecution which shows that the applicant is involved in the offence. He further submits that the applicant along with his wife had quarrelled with the complainant party and the two injured namely, Purushottam Gupta and Ramchandra Gupta had arrived at the house of the applicant and had started demolition of boundary wall on which the applicant is said to have assaulted them with sabbal whereupon the applicant was also assaulted by the complainant party as a result of which, the applicant suffered injury on head and he was admitted in AIIMS, Raipur in support of which medical documents have been annexed. He would also submit that case of the accused/applicant was stated to be of subtle abnormal behaviour because of the injury caused to him and he was certified to be suffering from post-traumatic stress disorder by the Central India Institute of Mental Health and Neuro Sciences, Rajnandgaon on 7-5-2025 (Annexure A-5). The injuries which have been sustained by the two injured though were said to be received by them, but they were penetrating wound and lacerated wound on vital party of the body, however, nature of injury has not been opined by the doctor and surgical report was still awaited. Lastly, learned counsel for the applicant contends that the applicant has also sustained injury on head and he is aged about 66 years. Therefore, the applicant is entitled for grant of anticipatory bail. Page 3 of 4 {M.Cr.C.(A)No.744/2025} 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and also considering that the applicant was stated to be of subtle abnormal behaviour because of the injury caused to him and he was certified to be suffering from post-traumatic stress disorder by the Central India Institute of Mental Health and Neuro Sciences, Rajnandgaon on 7-5-2025 and he is stated to be 66 years of age, at this stage, without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant bail application is allowed and it is directed that in the event of arrest of the applicant – Ram Gopal Prajapati on executing a personal bond with 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. Page 4 of 4 {M.Cr.C.(A)No.744/2025} (d) The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 Soma