1 2025:CGHC:2503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 72 of 2025 Bharat Meshram S/o Shri Santosh Meshram Aged About 34 Years R/o Mahal Para, Ward No. 2, Saraipali District Mahasamund Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Saraipali, District Mahasamund, Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandrasen Chouhan, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 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. 307/2024 registered at Police Station – Saraipali, District - Mahasamund (C.G.) for the offences punishable under Sections 296, 308(2), 3(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the complainant filed a complaint at the concerned police station, alleging, inter alia, that on the date of the incident, he was driving his truck loaded with sand to ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:14:07 +0530 2 Saraipali. When he reached Ghanteshwari Mandir, three unknown persons arrived in a car, stopped his truck, and illegally demanded money. They also looted the truck's keys from him. Based on this complaint, the police arrested the present applicant, relying on the memorandum of his statement. A case was registered against the applicant under Sections 3(5) and 309(4) of the Bharatiya Nyay Sanhita 2023. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that it is a fact that the complainant was illegally loading and transporting sand in his truck, bearing registration number C.G. 06 GQ 8155, during the banned hours of 8:00 p.m. This illegal activity caused difÏculties for many people, and the applicant informed the concerned Tahsildar and Police authorities. Following this, the Tahsildar and Police authorities arrived at the scene for investigation, where the owner, Gurshit Wadhwa, also appeared and threatened the applicant with murder, using filthy language. He submits that after this incident, the applicant returned home and, before the registration of the FIR, filed a complaint against Gurshit Wadhwa at the Saraipali Police Station on the same day. However, the police authorities did not take any action on the applicant's complaint until today. One month later, the complainant filed a false complaint against the applicant in connection with this crime. He also submits that The said truck is owned by a highly influential political person, Gurshit Wadhwa. Due to his political clout, the driver/complainant, after a delay of 34 days, fabricated a false story 3 to implicate the present applicant, relying on baseless and fabricated allegations without sufÏcient reason. He also submits that the present applicant has 02 criminal antecedents prior to the year 2020 which are pending case. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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 and It appears that the present applicant has 2 criminal antecedents, one under the Gambling Act and the other under the IPC, both of which are old and stale cases that prior to the year 2020, therefore, without further commenting anything on merits, 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 – Bharat Meshram, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. 4 (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 Abhishek