1 2025:CGHC:45695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1347 of 2025 Vivek Kumar Rathore S/o Shri Vishnu Prasad Rathore Aged About 24 Years R/o Village Bacharvar, P.S. and Tahsil- Pendra, District- Gaurela- Pendra- Marwahi, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Police Station- Pendra, District- Gaurela- Pendra- Marwahi, Chhattisgarh. … Non-applicant For Applicant : Mr. Pritam Tiwari, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08.09.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 218/2025, registered at Police Station – Pendra, District- Gaurela-Pendra-Marwahi (C.G.) for alleged commission of offence punishable under Sections 115(2), 119(1), 126(2), 296, 3(5), 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant lodged a complaint on 13/7/2025, the complainant lodged a written complaint stating that PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.09 19:00:01 +0530 2 on 13/7/2025 at about 1:00AM, the applicant along with the other co-accused, namely, Gopi Yadav, stopped the complainant and threatened him and asked for money for consuming alcohol. It has been further alleged that the applicant has hit the complainant with fist and hands. The complainant started shouting and the staff of the Hotel came and stopped the applicant and other co-accused person and after that the applicant along with the co-accused went from the said place. Hence, this bail application. 3. The learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the case. He further submits that the complainant was not present on the spot as per the case of the prosecution and the entire allegation against the applicant is false. He further submits that the applicant was working on his field and the entire allegations levelled against him is made of and false. He also submits that there is no case made out against the applicant of the charges levelled against him. He also submits that the applicant has five previous criminal antecedents. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that the name of the applicant is clearly mentioned in the FIR. It is alleged that the applicant, along with the co-accused, namely, Gopi Yadav, wrongfully restrained the complainant, threatened him, and demanded money for consuming alcohol. It is further alleged that the applicant physically assaulted the complainant by hitting him with 3 fists and hands. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the allegations levelled against the applicant, and upon perusal of the available records, it transpires that the applicant, along with the co-accused, namely, Gopi Yadav, wrongfully restrained the complainant, threatened him, and demanded money for consuming alcohol, the applicant further physically assaulted the complainant by hitting him with fists and hands, resulting in injuries to the complainant, in view of the above, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Vivek Kumar Rathore, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 218/2025, registered at Police Station – Pendra, District- Gaurela-Pendra-Marwahi (C.G.) for alleged commission of offence punishable under Sections 115(2), 119(1), 126(2), 296, 3(5), 351(3) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti