1 2025:CGHC:22304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 764 of 2025 1 - Ajay Singh S/o Maharaj Singh Aged About 25 Years R/o Dabripara, Near Science College, Thana Sarkanda, Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Sho, Police Station, Kota, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Pandey, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.05.2025 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. 401/2025 registered at Police Station – Kota, District -Bilaspur (C.G.) for the offence punishable under Sections 109, 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.22 17:35:11 +0530 2 2. The prosecution's case, in brief, is that the complainant filed a report before the police station alleging that when on 22.04.2025 at around 1:30 PM, the complainant along with the victim namely Ritesh Saluja and Anish Gandhi, went to Mohanbhata for carrying out demarcation of his land along with the concerned Patwari, all of a sudden, the applicant came and attacked the victim with stick as a result of which the victim was inflicted with injury in the head. Thereafter, the victim went to the government hospital, Kota and the instant FIR has been lodged against the present applicant for the offence punishable under Sections 109, 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the applicant who said to have assaulted the victim with a Danda (Stick) who suffered grievous injuries in head thereafter the matter was compromised between the parties and the complainant has also filed an affidavit mentioning that there is no objection regarding the case before the trial Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties. 6. Considering the facts & circumstances of the case and the fact that both the parties have amicably compromised the dispute without any threat/coercion/undue influence and the said settlement was made upon mutually and with free will and with regard to the same a no 3 objection affidavit has also been filed, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ajay Singh, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE S. Bhilwar