1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1050 of 2025 • Tuleshwar @ Chhannu Sahu S/o Shri Harikishan Sahu Aged About 32 Years R/o Mahavir Ward Bhatapara City District Baloda- Bazar Bhatapara (C.G.) ... Applicant versus • State Of Chhattisgarh Through Ps Bhatapara City Distt- Balodabazar - Bhatapara ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dheerendra Pandey, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.07.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.357/2025 registered at Police Station – Bhatapara City, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 333, 296, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.18 13:06:27 +0530 2 115(2), 351 (2) and 3(5) of BNS Act, 2023. 2. The case of the prosecution, in brief, that the applicant Yogesh Vaishnav, son of Ramesh Vaishnav, 27 years, resident of Mahavir Ward Bhatapara, lodged a report in Bhatapara city police station that his neighbor Chhanu Sahu keeps abusing his father Ramesh Vaishnav due to old resentment. Due to the same resentment, on 19/06/2025 at around 10.50 pm, Chhanu Sahu came to his house after drinking alcohol with his two other friends. Chhanu Sahu and his friends started abusing him and his father by using obscene language against their mother and sister and started knocking on their main gate, saying that they will kill you all today. When he opened the gate, it was Chhanu Sahu. He pushed him and forcefully entered his house and beat him with his fists while abusing his mother and sister and threatening to kill him. Seeing the abuse and assault, his father Ramesh Vaishnav, brother Yashwant Vaishnav and Lalu Manikpuri, resident of Sadar Ward Bhatapara, intervened and stopped the assault. Due to the assault, he suffered injuries on his back, neck and left hand finger. On the above report of the applicant, a crime has been registered against Chhannu Sahu alias Tuleshwar and two other people under sections 333, 296, 115 (2), 351 (2), 3 (5) BNS. The case is under investigation. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that the prosecution not been collected single evidence which has been shown that 3 common intention to commit the aforesaid offences by the applicant. It is submitted by the learned counsel for the applicant is that due to some previous enmity there was some quarrel took place between the applicant and complainant. Further, injuries received by the injured are simple in nature, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant has one previous criminal antecedent bearing crime No.471 of 2021 offence under Section 294, 506, 323 of IPC. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of the offense, looking to the fact that due to previous enmity between the complainant and the applicant, injuries received by the injured are simple in nature, without further commenting on merits of the case, I am inclined 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 Tuleshwar @ Chhannu Sahu, 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 4 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 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 vaishali