1 2025:CGHC:35562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1088 of 2025 1 - Vasudev Mersa S/o Late Jawahar Lal Mersa Aged About 41 Years R/o Narotikanpa, Lamer, Police Station Kota, Tahsil Sakri, District Bilaspur (C.G.) 2 - Chandrashekhar Mersa S/o Vasudev Mersa Aged About 24 Years R/o Narotikanpa, Lamer, Police Station Kota, Tahsil Sakri, District Bilaspur (C.G.) 3 - Smt. Dulara Bai W/o Vasudev Mersa Aged About 40 Years R/o Narotikanpa, Lamer, Police Station Kota, Tahsil Sakri, District Bilaspur (C.G.) 4 - Ku. Harshlata Mersa D/o Vasudev Mersa Aged About 22 Years R/o Narotikanpa, Lamer, Police Station Kota, Tahsil Sakri, District Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 applicants, who are apprehending their arrest in connection with Crime No. 474/2025 registered at Police Station- Kota, District Bilaspur (C.G.) for the offences punishable under Sections 115(2), 296, 3(5), 324(4), 351(2) and 74 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that on 12.05.2025 at about 6:00 p.m., while the victim was returning from Field No. 1, the applicant Chandrashekhar Mirza approached her and stated that since her brother, Satyaprakash Mersa, had allegedly committed rape on his wife, he would likewise commit rape on the victim. Thereafter, he allegedly attempted to rape her. At that time, the victim’s brother arrived at the spot and intervened to save her. Subsequently, the applicant No. 1 reached there armed with a sharp deadly weapon and allegedly assaulted them and further damaged their vehicle. Based on the report lodged by the victim girl, Crime No. 474/2025 was registered against the present applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent and have falsely implicated in this case. He also submits that the applicants have not committed any act that warrants their implication in the present offence. The real fact is that there is an old land dispute between the complainant’s family and the applicants’ family. Out of animosity, the complainant’s brother, Satyaprakash Mersa, had earlier committed rape on Shweta Mersa, wife of applicant No. 2, for which Crime No. 235/2024 under Section 376 IPC was registered and he was sent to jail. After being released on bail, he started defaming her, due to which she left the 3 house of applicant No. 2. It is submitted that Satyaprakash Mersa, being a habitual offender, continuously abused and threatened the applicants’ family. On 11.05.2025, when applicants No. 1 and 2 were returning to their house to call other villagers, Satyaprakash Mersa, with an intention to kill, rammed his Maruti Swift car into them from behind, causing grievous injuries to applicant No. 1, who was hospitalized and underwent surgery with stitches and a rod inserted in his shoulder. Copies of photographs and medical reports are annexed as Annexures A/2 and A/4. The incident was reported to the police on the same day; however, they registered only bailable offences against Satyaprakash Mersa despite a report for attempt to murder. Only after repeated representations to higher authorities was Satyaprakash Mersa arrested and the offending vehicle seized. It is further submitted that the present applicants are, in fact, victims, and only because they lodged a report against Satyaprakash Mersa, a false counter-case has been lodged by the complainant’s side the very next day. Applicants No. 3 and 4, who were not even present at the spot, applicant No. 3 being a housewife and applicant No. 4 being a student, have been falsely implicated merely to pressurize the applicants’ family to compromise the pending disputes. There is also considerable and unexplained delay in lodging the FIR. Hence, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicants. 4 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 learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that a long-standing enmity and property dispute between the complainant’s family and the applicants’ family; and considering further that the brother of the complainant, Satyaprakash Mersa, had previously been prosecuted for rape upon the wife of applicant No. 2 in Crime No. 235/2024 under Section 376 IPC, for which he was sent to jail and is stated to be a habitual offender; and also considering that an incident occurred on 11.05.2025 wherein the applicants have themselves lodged a report against the said Satyaprakash Mersa for ramming his vehicle into them, causing grievous injuries, and that such report was lodged prior to the present FIR; and further considering that the present FIR appears to have been filed the very next day as a counterblast to the earlier report, coupled with the fact that there is unexplained delay in registration of the case and that applicants No. 3 and 4 are women/ young students stated to be uninvolved in the alleged incident; and taking into account that no recovery is shown to be effected from them, therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Vasudev Mersa, Chandrashekhar Mersa, Smt. Dulara Bai and Ku. Harshlata 5 Mersa, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the sureties shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan