1 2025:CGHC:22376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 778 of 2025 1 - Ajit Dhritlahre Son Of Late Narottam Dhritlahre Aged About 26 Years Resident Of Village Mura, P.S. Kharora, District - Raipur, Chhattisgarh 2 - Kamleshwar Bandhe Son Of Anjor Das Aged About 21 Years Resident Of Village Baderadih, P.S. Kharora, District - Raipur, Chhattisgarh 3 - Pappu Dhritlahre ( Ramesh @ Pappu Purena) Son Of Chowaram Purena Aged About 36 Years As Per Adhar Card, Resident Of Village Beldar, Shivni, District - Raipur, Chhattisgarh 4 - Tarun Dhritlahre Son Of Late Narottam Dhritlahre Aged About 22 Years Resident Of Village Mura, P.S. Kharora, District - Raipur, Chhattisgarh 5 - Chhalli @ Nasim Khan Son Of Samshuddin Aged About 22 Years Resident Of Village Beldar, Shivni, District - Raipur, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station ... Non-Applicant For Applicants : Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Ms. Keshav Gupta, Govt. Advocate RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.28 16:25:13 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending his arrest in connection with Crime No. 253/2025 registered at Police Station – Kharora, District – Raipur (C.G.) for the offence punishable under Sections 115(2), 126(2), 191(2), 296, 329(3), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story, in brief, that the complainant has lodged report to the concerned police station with intend that at the time of incident, there was simple injuries arose between the accused persons and injured person with regard to program of birthday of Pappu Dhritlahre (Ramesh @Pappu Purena) (applicant No. 3) and thereafter, accused persons have assaulted upon the injured person by hand and fist by using filthy language, by causing injuries received upon injured person. Based upon the such report, the concerned police station has registered offence against the applicants and other accused persons publishable under Sections 115(2), 126(2), 191(2), 296, 329(3), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant would submit that the applicants are innocent and they have been falsely implicated in this case. He submits that all applicants are residing at same village and the applicants have no previous criminal antecedent except the present case. At the time of incident, there was simple dispute in between 3 parties in regard to birthday of the applicant but the applicants have neither assaulted upon injured persons, committed any aforesaid offence as alleged by the prosecution against them. The injured person was received injuries committed by main accused person not by present applicants and injuries has found simple in nature not grievous in nature and only on the basis of merely suspicious, the applicants have falsely been implicated in connection of this crime without any sufficient reason. Further, only on the basis of memorandum statement, the applicants have falsely been implicated in connection of this crime based upon the false and fabricated allegation. Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the applicant No.1 and 3 are having criminal antecedents and they have knowingly created the nuisance and caused injuries to the complainant, therefore they are not entitled 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 and further the fact that the dispute arose in between parties while they are going to attend a birthday celebration and the applicants have neither assaulted any of the injured persons, nor committed any aforesaid offence as alleged by the prosecution against them and the injuries sustained is simple in nature and only on the basis of memorandum statement, the applicants have falsely been implicated in connection of this crime, 4 moreover, the present applicants have no criminal antecedents except the applicant No.3 which is old one, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicants. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – 1. Ajit Dhritlahre, 2. Kamleshwar Bandhe, 3. Pappu Dhritlahre (Ramesh @ Pappu Purena), 4. Tarun Dhritlahre and 5. Chhalli @ Nasim Khan, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) they 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) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 applicants 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ravi Mandavi