1 2025:CGHC:38105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1168 of 2025 1 - Smt. Lalita Bai W/o Late Jagjeevan Mersa Aged About 47 Years R/o Village Naroutikanpa, Police Station Kota, District Bilaspur Chhattisgarh 2 - Priyanjali Mersa D/o Late Jagjeevan Mersa Aged About 23 Years R/o Village Naroutikanpa, Police Station Kota, District Bilaspur Chhattisgarh 3 - Suruchi Mersa D/o Late Jagjeevan Mersa Aged About 18 Years R/o Village Naroutikanpa, Police Station Kota, District Bilaspur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Richa Dwivedi, Advocate For Respondent/State : Mr. hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.08.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicants who are apprehending their arrest in connection with Crime No.472/2025 registered at Police Station – Kota District- Bialspur (C.G.) for the offence punishable under Sections 296, 351(2), 117(2), 109 r/w Section 3(5) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.05 10:45:38 +0530 2 2. As per prosecution case, in brief, is that the complainant appeared at police station Kota and made complaint stating therein on11.05.2025, the accused persons abused mother and ister of complainant and threatened to kill them and the accused Satya Prakash Mersa while driving the Car intentionally hit Casudev Mersa and injured him. The query report showed the possibility of death of injured, due to which section 109 of BNS was added in this case and Fir has been registered against the applicants. 3. Learned counsel for the applicants would submit that the applicants are innocent persons and they have been falsely implicated in the present case. She further submits that the complainant made a written complaint alleging therein accused namely Satya Prakash Mersa was driving the case intentionally hit the injured, who is the father of the complainant and co- accused is in jail, who is son of the applicant No.1 and brother of applicants No.2 and 3. She further submits that main- accused was driving the car and present applicants were only seated in the said vehicle at that time. The applicants No.2 and 3 are young girl and studying in the college, 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the 3 submissions of the learned counsel for the parties, the nature and gravity of the offense, looking to the fact that that main- accused was driving the car and present applicants were only seated in the said vehicle at that time, applicants No.2 and 3 are young girl and studying in the college, main accused namely Satya Prakash Mersa is in jail, who is son of the applicant No.1 and brother of the applicants No.2 and 3, 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 applicants Smt. Lalita Bai, Priyanjali Mersa and Suruchi Mersa 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) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 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) They shall not involve himself in any offence of 4 similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali