1 2025:CGHC:43689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1299 of 2025 1 - Nitin @ Mithlesh Sahu S/o Late Devsaran Lal Sahu Aged About 30 Years R/o Bahadur Guda, Gidam Road, Jagdalpur, Police Station - Bodhghat, Distt.- Bastar (C.G.) 2 - Ayush Singh Rajput S/o Ambarish Singh Aged About 30 Years R/o Dindayal Upadhyay Ward, Jagdalpur, Police Station - Bodhghat, Distt.- Bastar (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through, Station House Officer, P.S.- Bodhghat, Distt.- Bastar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Rajbahadur Singh, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending theri arrest in connection with Crime No.327/2025 registered at Police Station – Bodhghat, District-Bastar (C.G.) for the offences punishable VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:36 +0530 2 under Sections 133, 140(2), 309(6) of BNS and Section 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 25.06.2025 at about 8:00 PM the complainant (Khurshid Ahmad) came from Hydrabad to Jagadalpur in the office the Father of applicant no. 1 and said that, he does not want to do the job now, on which the father of the applicant no. 1 demanded the truck fare of Rs. 52,800/-from the complainant/driver, on which he refused to pay fare and started fitting and arguing with the father of the applicant no. 1. At that time the applicant no. 1 & 2 both arrived there and tried to resolve the dispute and demanded back the fare amount of Rs 52,800/- received by the complainant (Khurshid Ahmad but the complainant refused to pay the fare and started fitting with applicant and thereafter run away from their and thereafter after a long gap of more than one month i.e. on 02.08.2025 after thought he made false and fabricated complaint of assault and loot of Rs. 52,800/-before the police station Bodhghat against the applicants and on the basis of said report the police of police station Bodhghat registered the FIR against the present applicants and other co- accused in Crime No. 327/2025 offence punishable under sections 133, 140(2), 309(6) of B.N.S. and section 25, 27 of Arms Act. 3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He would submit that the applicants happens to 3 be the owner of the vehicle in question which was driven by the complainant/driver and there was some dispute took place between them with respect to demanded the truck fare of Rs. 52,800/- from the complainant, on which he refused to refund the said amount. He further submits that the investigation and trial are likely to take time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that applicants have no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that there was some quarrel took place between the applicants/owner and complainant/driver with respect to demanded the truck fare of Rs. 52,800/- from the complainant, on which he refused to refund the said amount, investigation and trial are likely to take time, applicants have no criminal antecedents therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Nitin @ Mithlesh and Ayush Singh Rajput on executing a personal bond and one 4 surety in the like sum to the satisfaction of the arresting Officer, they 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 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 vaishali