1 2025:CGHC:44316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1320 of 2025 1 - Maheshwar Bhuwane S/o Manharan Lal Bhuwane Aged About 24 Years R/o Rahasbeda, P.S. Akaltara, Distt. Janjgir-Champa, Chhattisgarh. 2 - Mahendra Bhuwane Alias Golu S/o Maniram Bhuwane Aged About 20 Years R/o Rahasbeda, P.S. Akaltara, Distt. Janjgir Champa, Chhattisgarh. 3 - Ravi Bhuwane S/o Dilharan Bhuwane Aged About 24 Years R/o Rahasbeda, P.S. Akaltara, Distt. Janjgir Champa, Chhattisgarh. 4 - Kanhaiya Sholde @ Lala S/o Jagdish Sholde Aged About 25 Years R/o Rahasbeda, P.S. Akaltara, Distt. Janjgir Champa, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Akaltara, Distt. Janjgir-Champa, Chhattisgarh. ---- Non-Applicant(s) (Cause Title is taken from the Case Information System) For Applicants : Mr. Purnchand, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 01.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.138/2025 registered at Police Station Akaltara, District – Janjgir- Champa (C.G.) for the offences punishable under Sections 115(2), 191(2), 296, 304(2), 351(2) of BNS. 2. Prosecution case in brief is that on 21.04.2025 at around 11:30 AM, the complainant received information that a car and a motorcycle had collided. The complainant then reached Shastri Chowk, Akaltara, and saw that a red motorcycle was lying fallen on the road and another motorcycle was parked on the road. The people present at the chowk informed that two boys had gotten off the fallen motorcycle and were assaulting the motorcycle rider who was involved in the accident caused by the car. This incident was captured in CCTV footage. Thereafter, as the complainant is a journalist, he started taking photos and videos. Meanwhile, 5–7 boys came from Prakash Gali and started beating the person whose motorcycle had met with the accident. The complainant stepped back and continued recording the video. Around 11:45 AM, one boy named Monu Bhuvane came to him and said, “Why he is making a video” He abused him with filthy language, grabbed his collar, due to which his gold chain fell off, and took ₹1,500/- from his pocket. He also assaulted him with punches and gave him death threats. The complainant tried to defend himself. After that, when the police constables were taking Monu Bhuvane and his associate to the 3 police station, about 10–15 of their friends stopped the head constable and the police staff and brought them back to Shastri Chowk. There, they misbehaved with Nilesh Singh and threatened to kill him. Based on the complainant’s report, an FIR has been registered and investigation is going on. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated. He further submits that the allegation against the applicant No.1 is that the he has assaulted the complainant by hands and fists and rest others have stating near the place of incident hence, they have not assaulted to any person. He further submits that the co-accused person namely Jayanshu Sarvesh has already been granted anticipatory bail by this Court in MCRCA No. 1056/2025, vide order dated 18.07.2025 and further there are cross reports of the incidents and both the parties have received injuries and further the applicants have few criminal antecedents which has been explained in the bail application of para No.4(A). Accordingly, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that each applicants has one-one previous criminal antecedents which has already been explained moreover, the injuries sustained by the injured are simple in nature however, looking to the criminal antecedents of the applicants, their bail application is liable to be rejected. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and further considering the fact that there are cross reports of the incident and both the parties have received simple injury which reflect from MLC report and also considering the fact that the co-accused namely Jayanshu Sarvesh, has already been enlarged on anticipatory bail by this Court in MCRCA No.1056/2025, vide order dated 18.07.2025 therefore, without further commenting anything on merits, this Court find 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 – Maheshwar Bhuwane, Mahendra Bhuwane Alias Golu, Ravi Bhuwane and Kanhaiya Sholde @ Lala, on executing a personal bond with 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) 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 applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size 5 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 Kunal