1 2025:CGHC:52575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1640 of 2025 Vivek Kumar Chauhan S/o Mukund Ram Chauhan Aged About 31 Years R/o House No. F-142, S.E.C.L. Colony, Pump House Korba, Police Station Korba, District : Korba, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Janjgir, District : Janjgir-Champa, Chhattisgarh ...Non-applicant For Applicant : Mr. Sourabh Sahu, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Syed Afaque Hussain Rizvi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 894/2025 registered at Police Station – Janjgir District – Janjgir Champa (C.G.) for the offences punishable under Sections 109 & 3(5) of the BNS 2023. 2. The prosecution story in brief is that the complainant lodged a report that, the applicant along with the Co-accused Devendra Rathore on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:09 +0530 2 29/09/2025 at around 06:00p.m., attacked the complainant and its father at Village Pisaud Mainroad with intention to murder by using iron rod. 3. Learned counsel for the applicant respectfully submits that there is a long-standing matrimonial dispute between the complainant and her husband, co-accused Devendra Rathore, and the present applicant, being a close friend of the said co-accused, has been falsely implicated in this case out of sheer malice and vengeance. It is alleged that on the date of the incident, the applicant was riding a motorcycle, and Devendra Rathore, who was sitting on the pillion seat, allegedly assaulted the victim with an iron rod, causing injuries by a hard and blunt object, for which X-ray and NCCT of the head were advised as per the MLC report. However, the learned State Counsel as well as the learned counsel for the objector have failed to produce the X-ray and NCCT head reports of the injured, despite the fact that the doctor had advised the same on 29.09.2025, and admittedly, the said reports are still not available on record. It is further submitted that the applicant had no role in the alleged incident and was not present at the place of occurrence. On the contrary, CCTV footage and GPS records of the applicant’s motorcycle bearing registration number CG 12 BP 1548 clearly establish that he was at Champa and later travelling towards his residence in Korba at the relevant time, which is further corroborated by toll gate records. It is also submitted that there are multiple ongoing litigations between the complainant and her husband—five before the Court at Janjgir-Champa and two before the Court at Katghora—and the present false FIR has been lodged merely to harass both the applicant and her husband, particularly after the 3 dismissal of Transfer Case No. 18/2025 filed by the complainant. The applicant is willing to produce the CCTV footage and GPS data for verification by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel as well as the learned counsel for the objector opposed the bail application of the applicant and submitted that the applicant, along with the husband of the complainant, who is the co-accused, was present at the place of occurrence on the date of the incident. However, they could not dispute the fact that the applicant was merely driving the motorcycle, and the alleged injury was caused by the husband of the complainant with an iron rod. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the allegations, and the submissions made by the learned counsel for the parties, it appears that there exists a matrimonial dispute between the complainant and her husband, co-accused Devendra Rathore, and the present applicant has been implicated merely on account of driving the motorcycle with the said co-accused. The material available on record does not prima facie disclose any direct or active role of the applicant in the commission of the alleged offence. Without commenting further on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vivek Kumar Chauhan, on 4 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav