1 2025:CGHC:2032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 51 of 2025 Peeyush Yadaw S/o Shri Resham Lal Yadaw Aged About 26 Years R/o Tiwaripara, Khaord, Police Station Shivrinarayn, District Janjgir- Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through District Magistrate Janjgir Champa, Chhattisgarh ... Non-applicant For Applicants : Mr. Ashutosh Trivedi, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01 .202 5 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 527/2024 registered at Police Station – Shivrinarayan, District Janjgir- Champa, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 333, 324(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that from the impugned order, states that on the date of the incident, i.e., 22/12/2024, at around RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.14 12:12:32 +0530 2 10:30 PM, one of the co-accused, Rishabh Kesherwani, went to the complainant’s house and started using filthy language from outside. Hearing this, the complainant came out of his house, at which point the co-accused made a phone call to the present applicant and another co-accused, Vivek Singh. Subsequently, all of them began assaulting the complainant. Out of fear, the complainant ran back into his house. The applicant, with the assistance of the other co- accused, broke the door of the complainant’s house and assaulted him again. The incident was reported to Police Station Shivrinarayan, where Crime No. 527/2024 was registered against the present applicant and the other co-accused persons under Sections 296, 351(2), 115(2), 333, 324(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the co-accused person, Rishabh Kesherwani, along with the present applicant, had filed a complaint to the Tehsildar, Shivrinarayan, dated 17/12/2024, informing that the complainant was illegally conducting sand mining despite the fact that sand mining and transportation were completely prohibited in Shivrinarayan. As a result, the complainant held a grudge against the applicant and the other co-accused and has falsely implicated them in the present case. He further submits that the applicant along with co-accused person is said to have assaulted the injured who has sustained, one swelling, one abrasion and one contusion and the injuries sustained by the injured persons are simple in 3 nature and further he has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant has assaulted the injured by which he received various injuries. She further submits that the applicant, with the assistance of the other co-accused, broke the door of the complainant’s house and assaulted him again, therefore, he is not entitled to grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute, and material available in the case diary, it appears that he applicant along with co-accused person is said to have assaulted the injured who has sustained, one swelling, one abrasion and one contusion and the injuries sustained by the injured persons are simple in nature and further he has no criminal antecedents, therefore, without further consideration 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 - Peeyush Yadaw, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- 4 (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 Rahul Dewangan