1 2025:CGHC:48805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1475 of 2025 • Deepak Sahu S/o Kashiram Sahu Aged About 53 Years R/o Tekapar, Police Station And District Balod, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Balod, District : Balod, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sabyasanchi Bhaduri, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/09/2025 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.205/2025 registered at Police Station Balod, District-Balod (C.G.) under Sections 296, 351(3), 115(2), 324, 109, 190, 191(2), 191(3), 3(5), 238(b) of BNS, 2023. 2. Case of the prosecution, in brief is that complainant has lodged an FIR before the concerned police station alleging inter-alia that on the date of incident at about 9.30 p.m. the accused persons have forcefully entered into house of the complainant and thereafter, they VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.24 16:56:31 +0530 2 have committed marpeet with the complainant by using filthy language, and as result of the same, the injured person has received simple injuries on his body. Based upon such complain concerned police has been registered the aforesaid offences against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. It has argued by learned counsel for the applicant that applicant is a Sarpanch of the village and he had gone to intermediate between the parties and there were ten accused persons including the applicant and FIR has been registered against only one Tomesh Kumar Yadav, who has caused injuries to the injured and he has already been granted regular bail by this Court in MCRC No.7520 of 2025 vide order dated 18.09.2025 and other eight accused persons have alrady been granted regular bail by trial Court. He further submits that at the time of incident, there was simple dispute arose between the parties with regard to previous enmity, thereafter, quarrel took place between the parties and co-accused assaulted the injured with hands and fists on account of which the injured persons received simple injuries nor grievous in nature. He further submits that investigation and the conclusion of the trial is likely to take some time, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel appearing for the respondent/State opposes the bail application and submits that there are four injured persons, out of which three had sustained grevious injuries and the applicant along with the co-accused, is alleged to have assaulted the injured persons with hands and fists, causing them injuries. However, the injuries sustained by the injured were on 3 non-vital parts of the body and, though grievous in nature but not dangerous to life. She further submits that out of the four injured persons only one injured namely Kalpana said to have named the present applicant. Therefore, the applicant is not entitled to be released on anticipatory bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and co- accused namely Tomesh Kumar Yadav has already been granted regular bail by this Court in MCRC No.7520 of 2025 vide order dated 18.09.2025. He further submits that investigation and the conclusion of the trial is likely to take some time, the injuries sustained by the injured were found to be grievous in nature but not dangerous to life, this Court is of the view that the applicant is entitled to be released on anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Deepak Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he 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 4 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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali