1 2025:CGHC:741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1496 of 2024 Smt. Nayantara Kerketta W/o Lav Kumar Kerketta Aged About 50 Years R/o Harri Police Station Kusmi District- Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Kusmi, District- Balrampur- Ramanujganj, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Rohitashva Singh, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending her arrest in connection with Crime No.97/2024 registered at Police Station Kusmi, District - Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 296, 115(2), 351(2), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Date: 2025.01.07 11:54:08 +0530 2 2. Prosecution case in brief is that the complainant namely Talsu Ram lodged an FIR before the concerned police station on 19.07.2024 at around 12 AM Noon, stating therein that the applicant along with co-accused Mandip and Ankit started abusing the complainant Talsu Ram by using obscene words and asking why are you ploughing his filed and also given threat and beaten by club near temporal bone and when his father came to intervene then the applicant along with other co-accused also beaten his father and committed attempt to murder. Therefore, the aforesaid offences have been registered against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent person and she has not committed the alleged offence and she has been falsely implicated in aforementioned offences. He further submits that the complainant was ploughing the field of applicant and then dispute was arisen between the party but they have filed exaggerated report. The allegations which has been levelled against the applicant is that she was only standing at the time of incident, along with co- accused namely Mandip and Ankit and the co-accused persons have assaulted the complainant's father who are son of the applicant and both are in the jail and the applicant is a lady and her role is nothing in the aforementioned crime. He further submits that it is admitted fact that there are some disputes of lands between the applicant and complainant and the allegations for assaulting is not upon the applicant and FIR was lodged also an 3 inordinate delay. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it transpires that the applicant alongwith co-accused persons namely Mandeep and Ankit, assaulted the complainant, Talsu Ram, in his field. They hurled filthy languages and threatened to kill him. When the complainant's father, Lavkumar, intervened, he was also assaulted and attempt was made to kill him and further he received grievous injuries. Hence, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and further the fact that the present applicant was only standing at the time of incident, along with co-accused namely Mandeep and Ankit and the co-accused persons have assaulted the complainant's father who are son of the applicant and both are in the jail and the applicant is a lady and her role is nothing in the aforementioned crime, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 4 7. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Nayantara Kerketta, 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:- (a) She 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) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She 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) She shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal