1 2025:CGHC:22431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 793 of 2025 1 - Rajendra Banjare S/o Mohan Lal Banjare Aged About 35 Years R/o Gram Mandharkala, P.S. Sigma District Balodabazar-Bhatapara Chhattisgarh 2 - Narendra Banjare S/o Mohan Lal Banjare Aged About 37 Years R/o Gram Mandharkala, P.S. Simga, District - Balodabazar-Bhatapara Chhattisgarh 3 - Mathura Banjare S/o Mohan Lal Banjare Aged About 47 Years R/o Gram Mandharkala, P.S. Simga, District - Balodabazar-Bhatapara Chhattisgarh 4 - Dehru Prasad Jangde S/o Jethuram Jangde Aged About 19 Years R/o Gram Mandharkala, P.S. Simga, District - Balodabazar-Bhatapara Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through P.S. Simga, District- Balodabazar-Bhatapara Chhattisgarh. ... Respondent For Applicants : Ms. Madhunisha Singh, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.5.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 519/2024 registered at Police Station – Simga Distt. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.05.29 18:45:02 +0530 2 Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1), 109(1) of the Bharatiya Nyaya Sanhita, 2023. 2. Prosecution case in brief is that on 21.12.2024 one cultural programme was being organised in village Madharkala. During the programme when complainant was talking on his mobile, sudden scuffled was started in the crowd, some altercation took place and present applicants assaulted the complainant while using obscene language. At that time one Sunita Lal Gaikward attempted to intervene and present applicants abused her verbally and tried to attack her with sharp object and complainant intervened and sustained injury on his waist. Based on the complaint, initially offence under Sections 296, 351(3), 115(2) of the BNS, 2023 were registered against present applicants and later on offence under Section 118(1) and 109(1) of the BNS were also added. 3. Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in this offence. She would further submit that earlier FIR has been registered against the applicants for the offence under Sections 296, 351(3), 115(2) of the BNS, 2023 and they were arrested and granted regular bail by the competent Court (Annexure-A/2) and during the course of investigation, on the basis of medical report of the complainant/injured offence under Section 118(1) and 109(1) of the BNS were added. She would further submit that there are only general allegations against the applicants and there is no direct evidence linking each applicants to the injuries sustained the 3 complainant. Hence, she prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants and also the submissions made by learned counsel for the applicants. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and also considering the fact that the applicants were earlier granted regular bail by the learned trial court vide order dated 24.12.2024, during the course of investigation, offence under Sections 188(1) and 109(1) of BNS has been added, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Rajendra Banjare, Narendra Banjare, Mathura Banjare and Dehru Prasad Jangde, on executing a personal bond with one local 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 should not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) They should not act in any manner which will be 4 prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Bini