1 2025:CGHC:30303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 937 of 2025 Pankaj Bhoy S/o Shri Kailash Bhoy Aged About 29 Years R/o Gram Salakhiya, P.S. And Tahsil - Lailunga, District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station - Lailunga, District - Raigarh (C.G.) ... Respondent For Applicant : Shri Ashutosh Mishra, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. For objector Shri Vivek Verma, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.157/2025 registered at Police Station –Lailunga District- Raigarh (C.G.) for the offence punishable under Sections 331(2), 296, 351(2), 3(5) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.04 16:32:32 +0530 2 2. Case of the prosecution, in brief, is that on 07.06.2025 a first information report was lodged by the complainant Jyoti Sidar before the police station Lailunga, whereby it was alleged that the present applicant along with other co-accused person entered the office of the girl's school and started abusing the complainant. It has been further alleged that the accused persons also threaten them to assault. On the basis of aforesaid complaint offences under section 331(2), 296, 351(2), 3(5) Bhartiya Nyay Sanhita, 2023 were registered against the present applicant along with other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent person and has falsely been implicated in the said offences. He would submit that place of incident is a school which is a public place and not a restricted place. He would submit that from the story of prosecution the main allegation is against one Acharya Anshu Dev and not against the present applicant. He would submit that the present applicant is district president of Arya samaj which runs and manages the affairs of school and the present applicant only being the office bearer of samaj/society has only visited the school for inspection. He would submit that applicant is permanent resident shown in the above cause title having landed property over there and there is no chance of his absconding and he is ready to co-operate the prosecution agency in investigation. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. Learned counsel for the objector opposes the prayer for grant of anticipatory bail and he would submit that the applicant has four criminal antecedents to which learned counsel for the applicant denies the same and he would submit that the applicant has only one criminal antecedent. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegations levelled against the applicant and also considering the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pankaj Bhoy, 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:- (a) The applicant 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. 4 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri