1 2025:CGHC:46900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1397 of 2025 1 - Manoj Dhritlahre Son Of Panchram Dhritlahre Aged About 30 Years Resident- Of Ward No.09, Village- Kurud P.S, Dharsiwa District- Raipur (C.G.) 2 - Monika Patela Wife Of Laxmi Narayan Patela Aged About 27 Years Resident Of Ward No. O1, Satya Chowk, Kumhari, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through, Station House Officer, Police Station Dharsiwa, District- Raipur (C.G.) ... Non-applicant(s) For Applicants : Mr. Chandra Prakash Lahre, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 12/09/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 407/2025 registered at Police Station – Dharsiwa, District - Raipur (C.G.) for the offence punishable under Sections 121(1), 132, 221, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3(5) of the B.N.S. 2. Prosecution case in brief is that on 19.08.2025, complainant received a secret information that co-accused Gajendra was selling illegal liquor. He reached the place of incident with his fellow staff, at the very moment Gajendra tried to abscond from the place, who was caught by them and while enquiring about the illegal liquor applicant Manoj and Monika obstructed the officials from their public duty and subjected to threat of life. They adheared foul words and had beaten the police staff with hand and fist and causing injuries received upon injured person. Based upon the such report, the concerned police station has registered offence publishable under section 121(1), 132, 221, 3(5) of the B.N.S., 2023 against the applicants and other accused persons. 3. Learned counsel for the applicants submit that the applicant is innocent and they have been falsely implicated in this case. He further submits that the whole parties of the complainant are police authorities persons and they have made a false complaint against the applicants without any sufficient reasons, but the applicants have not committed any aforesaid offences as alleged by the prosecution against them. The police authorities have threatened to the applicants to involve whole family members in false criminal case and the applicants has falsely been implicated in connection of this crime. The police authorities have also committed marpeet with the applicants as resultant, the applicants have also received injuries upon their bodies and in this regard, the applicant No. 2 has made complaint to the S.P. Raipur against the culprit police 3 authorities but no action has been taken against them till today. He further submits that due to saving above criminal activities, the police authorities have made false complaint against the applicants and the injured person was not received injuries committed by present applicants and injuries has found to be simple in nature not grievous in nature and only on the basis of merely suspicious, the applicants have falsely been implicated in connection of this crime without any sufficient reason. Only on the basis of memorandum statement, the applicants have been implicated and further no prove of allegation has made against the applicants and the aforesaid offence is not made out against them, they have falsely been implicated in this case. He further submits that the applicant no. 1 is innocent person and the applicant no. 2 is housewife and if they are arrested in this false complaint case, then they would be adversely effected to survival of their family members and also would be adversely effected to their society. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicants are engaged in unlawful liquor business and when the police tries to take action against them, they subjected to threat of live and obstruct the police and also assaulted the police personnel with hands and fists. Hence, looking to the seriousness of this case, the applicants are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 4 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, it transpires that the applicants are engaged in unlawful liquor business and when the police tries to take action against them, they subjected to threat of live and obstruct the police and also the allegation against them that they assaulted the police personnel with hands and fists however, as per the medical report of the injured persons which goes to show that the injuries received by them are simple in nature however, this Court is of the opinion that it is not a fit case to release the applicant No.1 on anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicant No.1 namely Manoj Dhritlahre, involved in Crime No. 407/2025 registered at Police Station – Dharsiwa, District - Raipur (C.G.) for the offence punishable under Sections 121(1), 132, 221, 3(5) of the B.N.S. is rejected. 8. So far as the applicant No.2 is concerned, she is a lady and also having an infant child of one year ten months and she is a house wife thus, at this stage without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant No.2 is entitled to be granted anticipatory bail in this case. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.2 – Monika Patela on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she 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 her 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal