1 2025:CGHC:5847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1485 of 2024 1. Naresh Yadav S/o Vidhyanchal Yadav Aged About 25 Years R/o Village Bisarpani, Bhudupani, P.S. Kamleshwarpur, Tahsil Mainpat, District : Surguja (Ambikapur), Chhattisgarh 2. Vidhyanchal Yadav S/o Lt. Shivnath Yadav Aged About 70 Years Caste Ahir, R/o Village Bisarpani, Bhudupani, P.S. Kamleshwarpur, Tahsil Mainpat, District : Surguja (Ambikapur), Chhattisgarh 3. Jagwanti Yadav W/o Vidhyanchal Yadav Aged About 62 Years Caste Ahir, R/o Village Bisarpani, Bhudupani, P.S. Kamleshwarpur, Tahsil Mainpat, District : Surguja (Ambikapur), Chhattisgarh ... Applicants versus • State of Chhattisgarh Through S.H.O., P.S. Kamleshwarpur, District : Surguja (Ambikapur), Chhattisgarh ... Non-Applicant For Applicants : Ms. Hamida Siddiqui, Advocate (through Video- conferencing). For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31/01/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.31 16:53:03 +0530 2 are apprehending his arrest in connection with Crime No. 80/2024, registered at Police Station – Kamleshwarpur, District : Surguja (Ambikapur) (C.G.) for the offence punishable under Sections 296, 351(2), 121(1), 132, 221, 324, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(v-a) of the SC/ST Act. 2. The prosecution story, in brief, is that the applicants’ property was damaged when a decades-old tree outside their house fell due to natural wear and tear. During the debris removal, the complainants, Madneswar Prasad Paikra and Jayanath Panna, falsely accused the applicants of illegal tree cutting, leading to a verbal altercation. The complainants later lodged a complaint alleging caste-based atrocities and physical assault, prompting the police to register an FIR on 21.09.2024 under above Sections without a proper inquiry. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that there is a cross report of the incident and further, age of the applicant No.2 and 3 are 70 years and 62 years old respectively. Further, the SC/ST Act’s provisions are being misused by the complainants to harass the applicants. It is further submitted that the applicants have no previous criminal antecedents. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the applicants submits that the applicant No. 1, namely, Naresh Yadav has been arrested by the Police, therefore, so far as the present bail is concerned, as the same relates to applicant No. 1 is dismissed as infrucutous. 5. On the other hand, learned State counsel opposes the bail application and submits that the complainants lodged a complaint alleging caste- based atrocities and physical assault by the applicants. Hence, the 3 applicants are not entitled for grant of regular bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants and the fact that the applicant No. 1, namely, Naresh Yadav has been arrested by the Police, therefore, so far as the present bail is concerned, as the same relates to applicant No. 1 is dismissed as infrucutous 8. Whereas considering the facts and circumstances of the case, nature and gravity of allegation made against applicant Nos. 2 and 3 and also considering the age of the applicant No. 2 who is aged about 70 years old and applicant No. 3 who is aged about 62 years old, further the applicants has no previous criminal antecedents, this Court deems it appropriate to grant anticipatory bail to the present applicant. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants- Vidhyanchal Yadav and Jagwanti Yadav, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they 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 their 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 them by the said Court till disposal of the trial. (d) the applicants 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, 4 which shall be verified by the trial Court. (e) they shall not involve themselves in any offence of similar nature in future. Sd/- d/- (Ramesh Sinha) CHIEF JUSTICE Preeti