1 2025:CGHC:31387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 984 of 2025 • Uttara Kumar S/o Komal Aged About 45 Years R/o Village - Putpura, P.S. - Nandghat, District - Bemetara Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station - Nandghat, District - Bemetara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Rajput, Advocate For Respondent : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 47/2025 registered at Police Station – Nandghat, District – Bemetara (C.G.) for the offence punishable under Sections 118(1), 109, 3(5) & 61(2) of BNS, 2023. 2. The prosecution story, in brief, is that injured Mahendra Sahu lodged report at Police Station, Nandghat, alleging therein that on 22.04.2025 at about 8.30 P.M., he was sitting near shop of one Jaiswal Verma, at that time, three unknown persons came in a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 motorcycle, out of which, one person came near the complainant and inflicted injuries over his face with the help of sharp edged article and thereafter they fled away in motorcycle. Based on this report, the offence was registered against unknown persons and during course of investigation, the said accused persons namely Shyam Paswan, Jashwant and Ajeet Kurre were arrested. The copy of FIR bearing crime no. 47/2025 is annexed herewith as ANNEXURE A/2. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that three persons came on motorcycle and one person has inflicted injury over the face of complainant with the help of sharp edged weapon but present applicant has not inflicted any injury upon the complainant. He further submits that only on the basis of memorandum statement recorded by the co-accused persons, present applicant has been implicated in the present case. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that on the date of incident, three unknown persons came on a motorcycle, out of which, one person came near the complainant and inflicted injuries over his face with the help of sharp edged article and thereafter they fled away on motorcycle, therefore, applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that only on the basis of 3 memorandum statement recorded by the co-accused persons, present applicant has been implicated in the present case and injuries sustained by the injured are simple in nature, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Uttara Kumar 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) 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. (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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali