1 2025:CGHC:28284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 924 of 2025 Jagendra Yadav @ Banarasi Yadav S/o Shivlal Yadav Aged About 35 Years Occupation Labor R/o Dundu, P.S. Dhourpur, District Surguja, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Dhourpur, District Surguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Akath Kumar Yadav, Advocate For Res./State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 1. This second anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth, 'BNSS') has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 62/2024 registered at Police Station – Dhourpur, District Sarguja (C.G.) for the offences punishable under Sections 296, 351(2), 115, 3(5) and 109 of Bhartiya Nyay Sanhita, 2023. (As per challan/charge sheet). His first anticipatory bail 2 application was dismissed as withdrawn with liberty to file fresh bail application by this Court vide order dated 09.05.2025 passed in M.Cr.C. (A) No. 700 of 2025. 2. Case of the prosecution, in nutshell, is that on 24.07.2024, complainant /father of the victim had lodged written report before Police Station Dhourpur alleging therein that on 22.07.2024, the applicant and other co-accused persons, who are husband and in-laws of the victim, have assaulted her daughter by means of stick and also abused her in filthy language. Based on above facts, present crime has been registered against the applicant for the offence punishable under Section 296, 351(2), 115, 3(5) of the Bhartiya Nyay Sanhita, 2023 against the applicant & other co-accused persons. Subsequently, after usual investigation, charge-sheet has been filed on 05.12.2024 and then offence under Section 109 of the Bhartiya Nyay Sanhita, 2023 was added. 3. Learned counsel appearing for the applicant submits that matrimonial dispute is going on between the applicant & his wife and complainant of the case is father-in-law of the applicant. It is stated that when the applicant had gone to his in-law’s house to bring his wife and children, family members of the victim had denied the same and incident took place, therefore, the applicant has lodged the FIR against the complainant and his brother-in-law, thereafter, as a counter-blast, present false FIR has been registered against the applicant. It is stated that initially, the offences, which was registered against the applicant, are bailable offences, but after investigation, offence under Section 109 of the BNS has been added. He submits that the injuries sustained by 3 the victim are grievous in nature, but not dangerous to life. He would lastly submit that the applicant had earlier moved an application MCRCA No. 700 of 2025 which was dismissed as withdrawn on 09.05.2025 as the offence under Section 109 of the BNS was subsequently added and hence, the present application has been filed. As such, the applicant may be extended the benefit of anticipatory bail. 4. Per contra, learned counsel for the State while opposing the bail application would submit that Medical Examination of the victim was conducted at Holy Cross Hospital, Ambikapur, in which, there appears to five grievous injuries were found on the body of victim, which were stated to be grievous in nature, therefore, the applicant is not entitled for anticipatory bail. 5. Having heard learned counsel for the parties and perused the material placed on record. 6. Perusal of the injuries sustained by the victim would go show that though the victim sustained five injuries including abrasion and bruises over right shoulder, bruises over left upper side, Hematoma and abrasion over left thigh and bruises and swelling on the left arms but there appears to be no internal injuries found on the body of the victim. As such, considering overall facts situation of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jagendra Yadav @ Banarasi Yadav, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.29 12:27:01 +0530