1 2025:CGHC:44692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1326 of 2025 Bharat Chhura S/o Chitaru Chhura Aged About 35 Years R/o Shahid Rajiv Pandey Nagar, P.S. New Rajendra Nagar District- Raipur (C.G.) . .. Applicant versus State Of Chhattisgarh Through Police Station Incharge New Rajendra Nagar, District- Raipur (C.G.) ... Respondent For Applicant : Shri Badruddin Khan, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2025 1. 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.37/2025 registered at Police Station – New Rajendra GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.03 18:00:58 +0530 2 Nagar Raipur (C.G.) for the offences punishable under Sections 296, 351(2), 109,191(2), 191(3), of the B.N.S. 2. Case of the prosecution, in brief, is that the FIR has been registered against the accused persons u/s 296, 351(2), 109,191(2) 191(3),) of the B.N.S. Prosecution story is that the complainant and his friend Shahrukh were sitting in Sukun Cafe and at the next table, a man and women were sitting and having tea. Five boys came in the cafe and were fighting among themselves using filthy words then complainant's friend Shahrukh stopped them from abusing and said that a women is sitting here. After that, complainant and his friend came out from café then five boys started arguing and meanwhile Shahrukh ran away and complainant also ran but they caught and beat the complainant badly with stick and rod on the behest of present applicant. 3. It has been argued by learned counsel for the applicant that there were five accused persons including the present applicant and stated that four have been granted regular bail by the competent court and so far as the applicant is concerned, it is stated that he was standing at the place of occurrence in a lane and he was giving exhortations to harm the injured. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation levelled against the applicant, considering the fact that four accused persons have been granted regular bail by the competent court, without further commenting anything on merits, this Court finds it appropriate 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 applicant – Bharat Chhura, 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) The applicant 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 applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 4 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri