1 2025:CGHC:48153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1394 of 2025 1 - Manoj Kumar Sonwani S/o Late Shubhanarayan Sonwani Aged About 34 Years Caste Harijan, R/o Village Parichara P.S. And Tahsil And District Surajpur,Chhattisgarh. 2 - Raj Kumar Sonwani S/o Late Shubhnarayan Sonwani Aged About 34 Years Caste Harijan, R/o Village Parichara P.S. And Tahsil And District. Surajpur, Chhattisgarh. ...Applicants versus State Of Chhattisgarh Through The Station House Officer, P.S. Surajpur, Distt. Surajpur, Chhattisgarh. ...Non-applicant For Applicants : Mr. Sachin Nidhi, Advocate. For Non-applicant/State : Ms. Saumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they have been apprehending their arrest in connection with Crime No.433/2025 registered at Police Station - Surajpur District - Surajpur (C.G.) for the offences punishable under Sections 126(2), 296(2),109(1), 324(4) & 3(5) of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 10:33:19 +0530 2 2. As per case of the prosecution, one written application has been filed against Manoj Kumar Sonwani and 01 other regarding the breaking of the state bicycle of Chhatrapati Shivaji Maharaj, according to which Manoj Sonwani and Rajkumar Sonwani, residents of village parichara, were having a dispute with the villagers regarding the cremation ground land and due to the same dispute, on 08.08.2025 in the morning. accused Rajkumar blocked the way of the village's deputy sarpanch Arun Rajwada and assaulted him and was sent to jail under 151 by Surajpur police station and after coming out on bail, due to the same resentment, on 12.08.2025 in the evening at around 06.30 pm, when the applicant was going from his house to Nayanpur Almira Factory on his motorcycle number CG15-CL3255 the Hero Splendor, then applicants/accused Manoj Sonwani and his brother Rajkumar blocked the way in front of their house and both the brothers together abuses with the filthy language and after that, Manoj and Rajkumar attacked the complainant with a stick with the intention of killing him. Manoj hit the applicant on the back and head of the applicant with a stick and Rajkumar hit with a tangi. When the complainant moved aside, the tangi hit the motor cycle. Then both of them broke the motor cycle of the applicant by hitting it with the tangi and stick. 3. The applicants are innocent persons who have been falsely implicated in the present case. Even if the prosecution story is taken at its face value, no allegations are made out against them, nor do they have any motive to commit the alleged offence registered by the concerned police station. The complainant has already filed a no-objection affidavit before the learned Court below with regard to the grant of anticipatory bail to the applicants. Learned counsel further submits 3 that the matter has been compromised, and a copy of the same has been annexed with the covering memo therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants and submitted that the complainant has refused to undergo the NCCT test. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and since a compromise has already taken place between the parties, this Court, without expressing any opinion on the merits, is 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 – Manoj Kumar Sonwani & Raj Kumar Sonwani 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 4 and every date given to them 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav