1 2025:CGHC:41576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1253 of 2025 1 - Tikeshwar Deshmukh S/o Kunjlal Deshmukh Aged About 30 Years R/o Ward No.-07, Nandi Chowk Bakharupara, Police Station - Bharanda (Wrongly Mentioned As Bharand In The Causetitle Of The Impugned Order), District - Narayanpur (C.G.) 2 - Dheeraj Verma S/o Devsharan Verma, Aged About 21 Years (Wrongly Mentioned As Dheeraj Sharma S/o Devsharan Sharma In The Causetitle Of The Impugned Order), R/o Village Kotra, Police Station - Chhuikhadan, District - Khairagarh - Chhukhadan, Gandai (C.G.) (Age And District Not Mentioned In Causetitle Of Order Impugned) 3 - Kunal Uikey. S/o Late Ashok Kumar Uikey, Aged About 29 Years R/o Tehsilpara, Narayanpur, Police Station - Narayanpur, District - Narayanpur (C.G.) (Age, Police Station And District Not Mentioned In Causetitle Of Order Impugned) ...Applicants versus State Of Chhattisgarh Through P.S. - Bharanda, District-Narayanpur (C.G.) ...Non-applicant For Applicants : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:13 +0530 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they have been apprehending their arrest in connection with Crime No.04/2025 registered at Police Station - Bharanda District - Narayanpur (C.G.) for the offences punishable under Sections 191(2), 191(3), 190, 331(4), 331(6), 296, 351(3) & 109 of BNS 2023. 2. As per the case of prosecution, on 30.04.2025 the 21 complainant along with his friends had gone to CG 17 Dhaba Narayanpur to have dinner. A dispute took place between the complainant and the owner of the Dhaba namely co-accused Deepak Gandhi over serving of Salad. Later co-accused Deepak along with the other co-accused persons and applicants herein went to the house of the complainant at around 2:30 AM and destroyed his motorcycle and entered the house of the complainant and hit him with wooden sticks and hand and fists. After which the FIR was registered against the applicants and co- accused persons. 3. The applicants submit that they are innocent and have been falsely implicated in the present case. The complainant, who is himself a police constable, along with other police personnel, had gone to the Dhaba for dinner where an altercation took place over serving of food, during which the complainant and his associates assaulted the Dhaba workers and owner, causing injuries, as evident from photographs annexed herewith. Though co-accused persons had filed a complaint on 01.05.2025 regarding this incident, no FIR was registered at their instance. The complainant has only received simple injuries, as reflected in his MLC, and no grievous injury or fracture has been 3 reported. The allegations against the applicants are false and fabricated, the FIR has been lodged belatedly on the next day of the incident, and it appears to have been filed only with the intent to harass and exert mental pressure on the applicants. The applicants, who are merely waiters at the Dhaba, have not committed any offence, and the ingredients of the alleged offences are not made out against them, therefore, she prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 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 advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and taking note of the fact that the injuries sustained by the injured are simple in nature and that two other co-accused persons have already been granted regular bail by this Court in M.Cr.C. No. 4193 of 2025 and M.Cr.C. No. 4381 of 2025 vide order dated 13.08.2025, without further commenting on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Tikeshwar Deshmukh, Dheeraj Verma & Kunal Uikey on executing a personal bond and 4 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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav