1 2025:CGHC:45642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1366 of 2025 1 - Laxminarayan Shrivas S/o Late Janakram Shrivas Aged About 40 Years R/o Devnagar, Koni Police Station- Koni District- Bilaspur Chhattisgarh. 2 - Roshan Shrivas S/o Laxminaryan Shrivas Aged About 22 Years R/o Devnagar, Koni Police Station- Koni District- Bilaspur Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station- Ratanpur, District- Bilaspur Chhattisgarh. ... Non-applicant For Applicants : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who have been apprehending his arrest in connection with Crime No. 453/2025 registered at Police Station – Ratanpur, District - Bilaspur (C.G.) offence under Sections 296, 121(1), 221, 132, 3(5) of the Bhartiya Nyaya Sanhita, 2023 (Corresponding Section 294, 332, 186, 353 & 34 of IPC). VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.09 14:25:28 +0530 2 2. The case of the prosecution, in brief, is that the complainant, Shri Rangarao Sadhnala (wrongly mentioned as “Sadhnanala” in the First Information Report), who is working as a Rural Medical Assistant and posted at C.H.C. Ratanpur, lodged a written report at Police Station Ratanpur alleging inter alia that on 30.06.2025, at about 9:45 p.m., while he was attending to patients in the Intensive Care Unit, applicant No.1, a resident of Karaihapara, Ratanpur, arrived with a complaint of stomach pain of his son, namely Basant Shrivas. It is alleged that applicant No.1, along with his friends, entered the ICU and pressurized the doctors to treat his son immediately. When they were explained that his son would be attended to in due course, after the patient then under examination, applicant No.1 started quarrelling. At that time, Ward Boy Rajesh Jaiswal intervened, but he was allegedly assaulted with hands and fists and abused in filthy language, causing injuries to his left ear. It is further alleged that applicant No.1 and his companions thereby obstructed public servants in discharge of their duties. The incident was witnessed by Dr. Sudhansu Sharma, Staff Nurse Yogeshwari Rajak, as well as other patients and their attendants present in the ICU. The In-charge Medical Officer was informed of the incident telephonically, and a request was made to lodge a report against applicant No.1. On the basis of the said written report, Police Station Ratanpur registered Crime No. 453/2025 on 02.07.2025 for the offences punishable under Sections 296, 121(1), 221, 132, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 294, 332, 186, 353, and 34 of the Indian Penal Code, 1860), and investigation was initiated. The charge-sheet 3 has not yet been filed, and the matter is under investigation by the police of Police Station Ratanpur, District Bilaspur (C.G.). 3. The applicants are innocent and have been falsely implicated in the present case, as no offence under Sections 121(1), 221, 132, or 296 of the Bharatiya Nyaya Sanhita, 2023 is made out against them. The FIR primarily names applicant No.1, while no specific role has been attributed to applicant No.2. The incident arose only due to a sudden quarrel when the hospital staff were delaying treatment of applicant No.1’s son, who was suffering from stomach pain, and at most, some hot words were exchanged; there was neither intention nor mens rea to obstruct public servants in discharge of their duties. The alleged offence under Section 296 BNS is also not attracted as the incident occurred inside a hospital building. The case is triable by the Judicial Magistrate First Class, no heinous offence has been committed, and the charge-sheet is yet to be filed. The applicants are permanent residents of Devnagar, Koni, District Bilaspur (C.G.), having both movable and immovable properties, and there is no likelihood of their absconding or tampering with evidence. They are ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court, hence, they deserve the benefit of anticipatory bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicants assaulted the complainant due to which the he suffered various injuries, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the injuries sustained by the complainant are simple in nature, without expressing any opinion on the merits, 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 - Laxminarayan Shrivas & Roshan Shrivas, 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) 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 him by the said Court till disposal of the trial. (d) the applicants and the surety shall submit a copy of their 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav