1 2025:CGHC:55420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1420 of 2025 • Kishan Kumar Sahu S/o Shri Shyamlal Sahu Aged About 36 Years R/o Villlage- Hirri, Thana- Hirri, District : Bilaspur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station- Bilha, District : Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Mr. Sunil Sahu, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer For Objector : Mr. C.B. Kesharwani and Ms. Mandavi Bhardwaj, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.357/2025 registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1), 238, 103, 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that the complainant Yogeshwar Koshik lodge the report at Police Station Bilha on 17.08.2025, against four persons including the present applicant with the averment that on 16.08.2025 at about 11:00 p.m Somu @ Gitesh Markam has informed through telephone that some dispute has been arose between Raja Markam and his companion with Devendra VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 14:55:27 +0530 2 Kaushik near Rajendra Betel shop Mahaveer Petrol Pump, so the complainant went to spot Mahaveer Petrol Pump and seen that the injured was lying unconscious taken him to Apollo Hospital from where injured was referred to DK Hospital, Raipur where he is admitted. That the further averment in the complaint is that he saw the CCTV photos near Petrol Pump and came to know that the accused Raja Markam has caused the injury by club, Kisan Sahu, Hitesh Manikpur and Rehan @ Pintu has caused the injury by hand and fist so on the basis of the said report thana Police registered the offences mentioned above and during treatment injured was died therefore thana police sought to arrest the applicant in the alleged commission of offence. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that on the date of incident near the Mahaveer Petrol Pump there was some dispute took place between the injured/deceased and co-accused Pintu Tandon @ Rehan and it is further stated that firstly the deceased has assaulted the co-accused Pintu Tandon @ Rehan by Kudari and he sustained grievous injuries on his head and ear he was medically examined at Unity Hospital, for which co-accused Pintu Tandon @ Rehan also lodged an FIR against the deceased Devendra Kaushik, which was registered on 16.08.2025 bearing crime No.0355 of 2025 for offence under Sections 115(2), 296, 351(3), of BNS, a copy of the same is annexed along with the bail application. Thereafter, it is also stated that co-accused Pintu Tandon @ Rehan has also lost his hearing power and the present FIR against the applicant and other co-accused has been lodged by the brother of the deceased on 17.08.2025 and the deceased had died 3 during his treatment and the FIR has been lodged initially for offence under Sections 109(1), 115(2), 296, 3(5), 351(3) with respect to the incident of 16.08.2025, which was registered as case crime No.0357 of 2025 at Police Station – Bilha (C.G.) and subsequently deceased has died on 19.08.2025, because of the injuries sustained by him and case was converted under Section 103 of BNS, 2023. It is further submitted that participation of the applicant was detected by the complainant, who is brother of the deceased through a CCTV footage. It has been further argued by learned counsel for the applicant as it appears from the FIR itself that the deceased who had consume liquor and started abusing the co-accused Pintu Tandon @ Rehan and had first assaulted him by Kudari, thereafter, the applicant and other co-accused persons intervene to save the co-accused Pintu Tandon @ Rehan and it was the deceased who was started the fight. He further submits that the charge-sheet has not been filed in the present case, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the the Objector opposes the bail application of the applicant and submits that charge-sheet has not been submitted in the present case. They further submits that one Rajendra Kaushik, who had seen the incident and also seen that applicant along with other co-accused persons assaulted the deceased and as per the statement recorded under Section under Section 161 of BNS of the eyewitness namely Rajendra Kaushik, who was a betel shop owner and seen the incident and stated that Raja Markam who has assaulted the deceased with wooden stick, whereas the other co-accused persons including the applicant who have assaulted him with hand,fist and kick. Learned 4 counsel for the Objector also submits that the incident was not witnessed by the complainant who was the brother of the deceased and Rajedra Kaushik, who informed the complainant about the said incident then complainant came to spot. He also submits that as per the CCTV footage goes to show that co-accused Raja Markam, who has assaulted the injured/deceased by wooden stick, whereas the applicant and other accused persons have assaulted the deceased/injured by hand, fist and kick. He further submits that there was active participation of all the accused persons in the present case, but he could not dispute the fact that there was also lodged an FIR against the deceased by the applicant and applicant was also suffered grievous injuries on his head by the deceased. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and submissions made by learned counsel for the parties and considering the fact that it appears from the FIR itself that the deceased who had consume liquor and started abusing the co-accused Pintu Tandon @ Rehan firstly the deceased has assaulted the applicant by Kudari the other co-accused persons including the present applicant intervened to save the co-accused Pintu Tandon @ Rehan and it was the deceased who started the fight and co-accused Pintu Tandon @ Rehan sustained grievous injuries on his head and ear, and he was medically examined, for which co-accused Pintu Tandon @ Rehan also lodged an FIR against the deceased Devendra Kaushik, which was registered on 16.08.2025 bearing crime No.0355 of 2025 for offence under Sections 115(2), 296, 351(3) of BNS and co-accused 5 Pintu Tandon @ Rehan was also medically examined at Unity Hospital and as per the CCTV footage, co-accused Raja Markam, who has assaulted the injured/deceased by wooden stick, whereas the applicant and other co-accused persons have assaulted the deceased/injured by hand, fist and kick, therefore, this Court is of the view that the applicants are entitled to be granted 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 – Kishan Kumar 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 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali