1 2025:CGHC:31145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 824 of 2025 1 - Bajranglal Sain S/o Ganpatram Sain Aged About 55 Years R/o Ward No. 10 Saraipali, Police Station/ Tehsil- Saraipali, District- Mahasamund (C.G.) 2 - Nikhil Sain S/o Bajranglal Sain Aged About 25 Years R/o Ward No. 10 Saraipali, Police Station/ Tehsil- Saraipali, District- Mahasamund (C.G.) ... Applicant(s) versus 1 - The State Of Chhattisgarh Through P.S.- Saraipali, District- Mahasamund (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Hari Shankar Patel, Advocate For Respondent(s)/State : Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03/07/2025 1. The present is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No. 66 of 2025, registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable under VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:10:16 +0530 2 Sections 74, 115/2, 296, 351(2) and 3(5) of the the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution in brief is that, on 11.03.2025, the complainant party came to the house of present applicants and raised quarrel and then incident of marpeet occurred between the parties and on account of the above incident, the members of the complainant party as well as the accused party sustained injuries. The co-accused Radhadevi Sain lodged a complaint before the police station on 11.03.2025, but no FIR was registered on her complaint. Ultimately, she approached the concerned Superintendent of Police and on his instructions, the FIR has been registered on 11.04.2025 against the complainant party. However, with respect to the same incident, a counter report was also lodged by the complainant party against the present applicants and one Radhadevi Sain on 13.03.2025 and Crime No. 66 of 2025 was registered at police station Saraipali, district Mahasamund for the offence under Section 74, 115(2), 296, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, in which the applicants are apprehending their arrest. 3. Learned counsel for the applicants would submit that, the complainant party of the present crime number came to the house of the present applicants and raised quarrel on the ground of outraging the modesty of the victim and they also committed marpeet with the present applicants as well as other family members, as a result of which, they sustained injuries. The complainant party were the aggressors and the present applicants, in their defence, resisted the complainant party. He submits that a counter report has been lodged 3 by the wife of the applicant No.1 Radhadevi Sain, which has been registered as Crime No. 88 of 2025 at police station Saraipali against the complainant party, in which they have been released on anticipatory bail by the learned trial Court vide order dated 02.05.2025, passed in Bail Petition No. 142 of 2025. He would further submit that it is a case and counter case between two parties. The similarly situated co-accused Radhadevi Sain has been granted anticipatory bail by this Court vide order dated 03.06.2025, passed in MCRCA No. 801 of 2025 and the present applicants are also entitled for the same relief and they may also be released on anticipatory bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicants and submitted that, although there is a case and counter case from both the parties, but the nature of allegation of marpeet against the present applicants, their involvement and the injuries sustained by the injured, the manner in which the present applicants assaulted the injured, the applicants are not entitled for anticipatory bail. The co- accused Radhadevi Sain was granted anticipatory bail on the ground that she is a lady aged about 51 years and having no criminal antecedent, whereas against the present applicants, there are criminal antecedents against the applicant No.1 Bajranglal Sain i.e. Crime No. 337 of 2019 and 466 of 2022, registered at police station Saraipali and against the applicant No.2 Nikhil Sain i.e. Crime No. 307 of 2020, 15 of 2022 and 337 of 2019, registered at police station Saraipali. He would further submit that firstly, the applicant No.2 4 outraged the modesty of the victim and when the complainant party protested and had gone to the house of the applicants, they have assaulted the complainant party. From the statement of the victim of outraging the modesty, Sanjay Savariya, Ishwar Prasad Savariya, Seema Savariya and also the MLC report of the victim, the applicants are not entitled for anticipatory bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicants regarding their involvement in the offence in question, gravity of the offence and further considering the statements of the victim, Sanjay Savariya, Ishwar Prasad Savariya, Seema Savariya and also the MLC report of the victim, and further that there are criminal antecedents against the present applicants, I am not inclined to release them on anticipatory bail. The co-accused Radhadevi Sain was granted anticipatory bail on the ground that she being a lady and having no criminal antecedent, therefore, the applicants are not entitled for any parity. 7. Accordingly, the present anticipatory bail application filed by applicants Bajranglal Sain and Nikhil Sain is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved