1 2025:CGHC:41578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1249 of 2025 Ganesh Kumar Sahu S/o Girdhari Lal Sahu Aged About 42 Years R/o Cseb Chowk Jamul, P.S. Jamul Bhilai, District- Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Jamul, District- Durg (C.G.) ...Non-applicant For Applicant : Mr. Sunil Otwani, Sr. Advocate with Mr. Shobhit Koshta, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Vipin Tiwari, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 1. Mr. Shobhit Koshta, Advocate appears and submits that he has filed his Vakalatnama today itself. 2. 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.501/2025, registered at Police Station - Jamul, District Durg (C.G.) for the offence punishable under Sections under Section 294, 342, 385, 458, 501 & 506(B) of IPC. 3. The prosecution story in brief is that the complaint dated 22.05.2024 under section 156(3) of CrPC was made before court of Learned VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:11 +0530 2 JMFC, Durg on behalf of Jamul Vidyadayni Jan Kalyan Shiksha Samiti (erstwhile tenant) against the father of present applicant who is landlord of the property in dispute alleging and applicant that on 15.06.2022 at around 11:30 pm applicant along with his father has entered into the school premises and locked all the rooms and offices and murrum has been laid down in front of gate of the school in order to prevent entry in the school premises. Upon the order passed by Learned JMFC, Durg the instant FIR has been registered by the concerning police station on 25.06.2025 against the present applicant and his father for the offence punishable under Sections 294, 342, 385, 458, 501, 506(B) of IPC. 4. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that there is delay of almost 2 years in making a complaint by the complainant and no reasonable and plausible explanation of delay has been provided by the complainant and therefore entire story cast doubt on the prosecutions case. He submits that the FIR has been registered against the present applicant along with his father namely Girdhari Lal Sahu who has ben already granted anticipatory bail by this Court vide order dated 04.08.2025 in MCRCA No. 1179 of 2025, therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel as well as learned counsel for the objector have opposed the anticipatory bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking note of the fact that co-accused Girdhari Lal Sahu has already been granted anticipatory bail by this Court vide order dated 04.08.2025 passed in M.Cr.C.A. No. 1179 of 2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ganesh Kumar Sahu, on executing a personal bond and 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 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 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 Vaibhav