1 2025:CGHC:45093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1338 of 2025 Sanjay Bhavnani S/o Nanak Ram Bhavnani Aged About 44 Years R/o Near P.W.D. Guest House Pali District- Korba P.S.- Pali District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Office- Police Station- Pali, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikramjeet Singh, Advocate. Mr. Sushil Kumar, Advocate Mr. Ashutosh Pandey, Advocate For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate For Objector : Mr. Akhtar Hussain, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 116/2025 registered at Police Station – Pali, District- Korba (C.G.) for the offence punishable under Sections 191(2), 331(6), 324(4), 326(g), 296, 351(2) and 190 of Bhartiya Nyay Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution story, on the night of 28.03.2025, between 10:30 PM and 11:00 PM, the complainant lodged a written complaint alleging that the accused persons, namely Sanjay Bhawnani, Rajesh Dongre, Dharmu Maravi, Kanhaiya Jaiswal, Rahul Jaiswal, along with others, forcibly entered the complainant’s house. It is alleged that they issued death threats, used abusive and filthy language, and set fire to household items, including a bed, scooter, television, and power board. Fearing for their lives, the complainant and his family were compelled to barricade themselves inside the house for safety. Thereafter, the present offence was registered against the accused persons. Hence, this anticipatory bail application has been filed. 3. It has been argued by learned counsel for the applicant that the applicant, who is working as a transporter, has been falsely implicated in the present case. It is submitted that the alleged incident of murder took place in the colliery due to a dispute arising out of coal lifting between transporters, during which one person, Rohit Jaiswal, unfortunately died. It is further submitted that the applicant was an eye-witness to the said incident and, thereafter, five FIRs were lodged against him and other co-accused persons, out of which four were for bailable offences and one was for a non- bailable offence. It is stated that the applicant had challenged the FIR registered as Crime No. 116/2025, in which interim protection was granted to him and other co-accused persons by this Court vide order dated 17.04.2025. Subsequently, the said petition was finally heard and disposed of by the Division Bench of this Court 3 vide order dated 13.08.2025, wherein the prayer for quashing of the FIR was refused, however, the applicant was directed to cooperate with the investigation, and his interim protection was extended for a further period of three weeks. It is further submitted that in compliance with the order of this Court, the applicant had filed an application expressing his willingness to cooperate with the investigation, however, no notice was issued to him. Despite this, he was directed to appear before the trial Court on 25.07.2025, on which date the charge-sheet was submitted. It is contended that due to certain circumstances, the applicant could not appear on the said date. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector have vehemently opposed the bail application, submitting that the applicant has failed to cooperate with the investigation. It is further submitted that some of the co-accused persons have already surrendered before the competent Court, but their regular bail applications were rejected by the learned Judicial Magistrate, Pali, and are presently pending before the learned Sessions Court, Katghora, District Katghora, for consideration. It is also submitted that the presence of the applicant was established at the spot where the incident occurred, and despite being directed to appear, he failed to do so on the date when the charge-sheet was submitted, due to which a non-bailable warrant was issued against him, therefore he is not entitled for grant of anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that the present dispute arose out of a coal lifting issue between transporters, during which one person unfortunately lost his life. Out of the five FIRs lodged against the applicant, four are for bailable offences and only one for a non-bailable offence. It is noted that the applicant had earlier challenged the FIR in Crime No. 116/2025, wherein this Court granted interim protection on 17.04.2025, which was later extended by the Division Bench on 13.08.2025 with a direction to cooperate with the investigation. The applicant had also expressed his willingness to do so, but no notice was served to him. On 25.07.2025, when the charge-sheet was filed, the applicant could not appear due to unavoidable circumstances, leading to the issuance of a non-bailable warrant. The co-accused have already surrendered and their regular bail applications are under consideration before the Sessions Court, Katghora. Further considering that the applicant has roots in society, is not likely to abscond, and has undertaken to cooperate with the investigation and trial, therefore, I am inclined 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 – Sanjay Bhavnani, 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:- 5 (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 Rahul Dewangan