1 2025:CGHC:4732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 141 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 Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Lalbag, District Rajnandgaon C.G. ... Non-applicant For Applicant(s) : Mr. Aniruddha Shrivastava, Advocate. For Non-applicant(s) : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.566/2024 registered at Police Station – Lalbagh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 296, 324, 115(2), 309(4) and 3(5) of the BNS. 2. Prosecution case, in brief, is that the complainant Tameshwar Verma lodged a report before P.S. Lalbag on 17.12.2024 at about KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Date: 2025.01.28 10:44:21 +0530 2 14:30 against the applicant and other co-accused persons with the averment that, in the intervening night of December 15-16, 2024, at village Karamtala during the Mata Devla Darshan Yatra program the complainant, along with his musical band, was performing at the event at that time the applicant and other co- accused persons started dispute and obstructed the performance and looted Rs. 20,000/- from the complainant therefore, he lodged the report on 17.12.2024 and the police registered the FIR and sought to arrest the applicant. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he has looted Rs. 20,000/- from the complainant but it is pertinent to mention here that the applicant himself broke his leg in the said incident due to manhandling therefore, it is not possible for him to commit robbery and at the time of incident, the representative of MLA namely Saddam Khatri, who was present in the function along with the MLA started misbehaving with the applicant and other villagers due to which some altercation took place therefore, the Saddam Khatri asked the police personnels to remove the accused from the venue and in the said series of event also manhandled and subjected the applicant to physical assault, resulting in severe injuries, including the breaking of bone his leg. 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. He further submits that after such manhandling, the 3 accused along with the local villagers approached the concerned police station to lodge the FIR against the persons involved in the assault of the applicant but the police has refused to register the FIR under the political pressure and also to save themselves and on the other hand registered two FIR's against the present applicant in a single day bearing crime No. 565/2024 and 566/2024. He further submits that the villagers who were present at the time of incident have also made a written complaint before the Superintendent of Police Rajnandgaon mentioning that the MLA representative Saddam Khatri and Rajat Sahu have misbehaved with them, manhandled them, abused them with filthy language and beaten them, due to which the present applicant Ram Kumar Sahu who is also the Patel of the village has suffered grievous injuries and his leg bone was also broken in the said manhandling. 4. Learned counsel for the applicant further submits that the incident has been taken place in the intervening night of 15.12.2024 and 16.12.2024, however, the FIR has been lodged on 17.12.2024 at about 8:30 am but the said delay has not been explained by the complainant though the complainant is a police personnel himself and the said delay is material in the facts of the present case as there was political pressure upon the complainant and the complainant is a police personnel. The second FIR lodged against the accused pertains to an entirely different subject matter, alleging that the petitioner stolen money belonging to the artist. 4 This starkly indicates that the entire story is fabricated and concocted with the sole intent of falsely implicating the accused. Accordingly, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State Counsel appearing for the respondent/State opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant along with other co- accused persons started dispute and obstructed the performance and looted Rs. 20,000/- from the complainant. Hence, he is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that applicant along with co-accused have looted Rs. 20,000/- from the complainant and there were some altercation took place between them for which the applicant along with co-accused have assaulted the complainant by hands and fists, however, injuries were found to be simple in nature moreover, the applicant himself become a victim but he has been implicated and further the applicant himself broke his leg in the said incident due to manhandling thus, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 8. 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 and one surety in the like sum to the 5 satisfaction of the arresting Officer, he shall be released on anticipatory 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 him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal