1 2025:CGHC:32071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 992 of 2025 Radheshyam Patel S/o Tikaram Patel Aged About 32 Years R/o Gram - Salakhiya, P.S. And Tahsil - Lailunga, District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Lailunga, District - Raigarh (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Ashutosh Mishra, Advocate. For Non-Applicant : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik 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 offences punishable under Sections 331(2), 296, 351(2), 3(5) of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that on 07.06.2025, an FIR 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 sections 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 and he has been falsely implicated in this case. He further submits that the place of incident is a school which is a public place and not a restricted place and further the present applicant has no previous criminal record and he has a very good reputation in the society. Moreover from the story of prosecution the main allegation is against one Acharya Anshu Dev, not against the present applicant. He also submits that the Arya Society runs and manages the affairs of school and the present applicant has only visited the school for inspection along with the other office bearer of the society. He further submits that the co-accused namely Pankaj Bhoy has already been released on bail by this Court in MCRC No. 937/2025, vide order dated 03.07.2025 and the case of the applicant is better than the case of co-accused, who has been granted bail and further the main allegation levelled against one Acharya Anshu Dev. Accordingly, he prays for grant of anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the allegation against the present applicant is that, he assisted the main accused in the commission of crime and further the applicant has one previous criminal antecedent. Accordingly, he is not entitled for 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 case diary and further the fact that the co-accused namely Pankaj Bhoy has already been granted bail by this Court in MCRC No. 937/2025, vide order dated 03.07.2025 and the case of the applicant is better than the case of co-accused, who has been granted bail and further the main allegation levelled against one Acharya Anshu Dev, who committed crime in question and further the applicant has only one criminal antecedent therefore, without further commenting anything on merits, this Court 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 – Radheshyam Patel, 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 4 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 Kunal