1 2025:CGHC:53614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1675 of 2025 Devendra Kumar Rathore S/o Ramsharan Rathore Aged About 32 Years R/o House No. 172, Bhadiyapara Sarkhon, Police Station- Janjgir, District- Janjgir- Champa (C.G.) Presently R/o Pragati Nagar Deepka, Police Station Deepka, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House O1cer, Police Station - Janjgir, District – Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Sourabh Sahu, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been ;led 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 o>ence punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the complainant lodged a written report that the applicant along with the co-accused Vivek Kumar Chauhan on 29.09.2025 at around 06:00 PM, attacked the complainant and her father at Village Pisaud Mainroad with intention to murder by using iron rod. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant happens to be the husband of the complainant, and there exists a matrimonial dispute between the complainant and the applicant, and the FIR was lodged by the wife of the applicant for assaulting her father with an iron road, due to which he sustained injuries, but as per the MLC report, nature of injuries has not bee opined but it is mentioned that a lacerated wound is found on his head. It is further submitted that the co-accused who is said to have driven the motorcycle has also been enlarged on anticipatory bail by this Court vide order dated 28.10.2025 passed in MCRCA No. 1640/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant is said to have assaulted the injured who is the father of complainant, due to which he has sustained the lacerated wound on his head but the NCT report is still awaited. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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 leveled against the applicant, and from the perusal of the case-diary, it transpires that the applicant happens to be the husband of the complainant, and there exists a matrimonial dispute between the complainant and the applicant, and the FIR was lodged by the wife of the applicant for assaulting her father with an iron road, due to which he sustained injuries, but as per the MLC report, nature of injuries has not 3 bee opined but it is mentioned that a lacerated wound is found on his head, but the NCT report is still awaited, furthermore, the co-accused who is said to have driven the motorcycle has also been enlarged on anticipatory bail by this Court vide order dated 28.10.2025 passed in MCRCA No. 1640/2025, hence, this Court is of the view that the applicant is 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 – Devendra Kumar Rathore on executing a personal bond with one surety in the like sum to the satisfaction of the arresting O1cer, 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 veri;ed by the trial Court. (e)The Applicant shall not involve themself in any o>ence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar