1 2025:CGHC:4731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 138 of 2025 Ramkumar Sahu S/o Late Manohar Singh Sahu, Aged About 36 Years, R/o House No. 170, Ward No 11, Village Karamtara, Tehsil Dongargoan, District Rajnandgoan (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Lalbag, District - Rajnandgoan (C.G.) ... Non-Applicant For Applicant : Mr. Anirudha Shrivastava, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending their arrest in connection with Crime No. 565/2024 registered at Police Station – Lalbag, District - Rajnandgoan (C.G.) for the offence punishable under Sections 132, 221 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the Constable Ramkumar Banjara has lodged a report against the present applicant with the averment that the complainant was in duty on 15.12.2024, in the village of Karamtala, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.28 17:34:01 +0530 2 where the Mata Devla Darshan Yatra program was being held at that time the applicant was also present along with other co-accused person, the further allegation is that the applicant and other co-accused persons threatened the complainant and other OfÏcers, misbehaved with them. On the basis of the said report the thana Police registered the FIR under above mentioned offence and sought to arrest the applicant. 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 is himself a victim but he has been implicated by showing him to be an accused the alleged offence though he has suffered grievous injuries over his body. Further, the incident has been taken place in the intervening night of 15.12.2024 and 16.12.2024, however, the FIR h as been lodged on 17.12.2024, but the said delay has not been explained by the complainant though the complainant is a Police Personnel himself. On the same day i..e on 17.12.2024, and with respect to the same place of incident on the same date one more FIR bearing Crime No. 566/2024 was registered at Police Station - Lalbag with different set of facts and regarding robbery which shows that the present FIR as well as the subsequent FIR have been lodged only in order to implicate and strengthen the charges against the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 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 the fact that the applicant is himself a victim who has sustained severe injuries, including a fractured leg, further considering the fact an inordinate delay in lodging 3 the FIR, and there is no plausible explanation of the said delay, 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 – Ramkumar Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti