1 2025:CGHC:27474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 901 of 2025 1 - Shubham Sharma S/o. Mahendra Sharma Aged About 25 Years R/o. 183, Near Santoshi Temple, New Khusipar, P.S. Khursipar, Bhilai, District Durg, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O, Police Station Khursipar, District Durg (C.G.) ... Respondent For Applicant : Mr. B.P. Singh, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.06.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 100/2025 registered at Police Station – Khursipar District-Durg (C.G.) for the offence punishable under Section 140(4), 127(2) of BNS, 2023. 2. As per prosecution story that complainant Harish Kumar Soni @ Vicky has lodged a written report that on dated 21/05/2025 at 07:56 PM his previous employer namely Ujjwal Singh has called and stated 2 that you come at Canal Road near Takli House Khursipar and received your rest of payment and then he reached there at 10:00 PM where Ujjwal Singh was seating in his swift desire car and the said vehicle was driven by one Shubham Singh and co-accused Indrajeet @ Takli and others were also seating in the said car. When complainant reached near the case then he has handed over his scooty to one Punjabi and beseated in the car and they all have travelled at Khursipar near the House of Takli and from there all the accused persons have brought him in a constructed house in a room in first floor and then main accused Ujjwal Singh has stated that you are doing my spying and you know my business of selling marcotics drugs and that's why you have been kidnapped and the Ujjwal Singh has told to his companion that all of you beat him over night and if he trying to escape then make his condition worse and then co- accused Indrajeet @ takli and other co-accused have snatched his mobile and adhaar card and assaulted with hand and fist and this incident was seen by the Ujjwal Singh through the video calling and in the next morning they have provided him breakfast. On the next date at 03:00 PM after reaching of Ujjwal Singh, they all have assaulted with hand and fist and in the dark, they all have transferred in a black colour swift car and that car was driven by one Shubham Singh upto his house and then Shubham Singh has left the car and went to his house and provided them the key of his grey colour swift car and then the black car was changed and then they all have went near the house of Ujjwal Singh where Takli was driving and thereafter Ujjwal Singh went to his house and rest of the co- accused have brought him in the farm house at Surdung relating to Ujjwal Singh and there also all the person have assaulted with hand and fist and rubber pipe that was also seen by the main accused 3 Ujjwal Singh and on dated 23/05/2025 complainant has fled away from there, but again Ujjwal Singh has cought him and returned back to farm house and assaulted him with hand and fist and have also shown the vegetable knife. Upon the said complaint FIR was registered against Ujjwal Singh, Indrajeet Singh @ Takli and Shubham Singh and his companion on dated 24/05/2025. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that the name of the applicant is not mentioned in the FIR and applicant and the complainant are well acquainted prior to the incident and there is no enmity between the them. He also submits that the main dispute rest between the complainant and the main accused Ujjawal Singh because complainant was the employee under the Ujjawal Singh and there was dispute of the wages between them, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer 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, submissions of learned counsel for the parties and nature of dispute and material available in case diary, considering the fact that the name of the applicant is not mentioned in the FIR and statement recorded under Section 180 of BNS, the name of the present applicant has not been mentioned and the case of the present applicant is different from the other co-accused who have been main accused in the present matter, hence, without further commenting anything on merits, this Court 4 find it appropriate 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 Shubham Sharma, on executing a personal bond with 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 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) He shall not involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali