1 2025:CGHC:51944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1601 of 2025 1 - Bhagwat Checham S/o Gautar Checham Aged About 35 Years R/o Village Kamthi Thana Kukdur, Tahsil Pandaria, District- Kabirdham Chhattisgarh. 2 - Gautar Checham S/o Jugraj Checham Aged About 65 Years R/o Village Kamthi Thana Kukdur, Tahsil Pandaria, District- Kabirdham Chhattisgarh. 3 - Dinesh Kumar Checham S/o Mahettar Singh Checham Aged About 38 Years R/o Village Kamthi Thana Kukdur, Tahsil Pandaria, District- Kabirdham Chhattisgarh. 4 - Gendram Markam S/o Parsadi Ram Markam Aged About 33 Years R/o Village Mungadih, Thana Kukdur, Tahsil Pandariya District- Kabirdham Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through- Police Station Kukdur, District- Kabirdham Chhattisgarh. --- Respondent(s) MCRCA No. 1622 of 2025 1 - Ichha Kumar Dhurvey S/o Dasruram Dhurvey Aged About 37 Years R/o Village Kamthi, Thana Kukdur, Tahsil Pandaria, District Kabirdham, C.G. 2 2 - Manoj Dhurvey S/o Siyaram Dhurvey Aged About 37 Years R/o Village Kamthi, Thana Kukdur, Tahsil Pandaria, District Kabirdham, C.G. 3 - Sahdev Merawi S/o Bhansingh Merawi Aged About 32 Years R/o Village Kamthi, Thana Kukdur, Tahsil Pandaria, District Kabirdham, C.G. 4 - Ramsingh Markam S/o Paras Ram Markam Aged About 33 Years R/o Village Mungadih, Thana Kukdur, Tahsil Pandaria, District Kabirdham, C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Police Station Kukdur, District Kabirdham, C.G. --- Respondent(s) For Applicant(s) : Dr. Sudeep Agrawal, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. These first anticipatory bail applications under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 106/2025 registered at Police Station – Kukdur, District Kabirdham (C.G.) for the offence punishable under Sections 296, 298, 196(2) & Section 3(5) of the BNS. 2. Prosecution case in brief is that the applicants along with other 3 persons rooted out the Durga pandal situated within the temple premises of the Gond community and therefore there was fight between the members of Hindu community and the Gond community on the other side. The FIR of the instant case has not been uploaded in the website as it has been marked as sensitive case by the police authorities. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the essential ingredients of the alleged offences are wholly missing in the present case, and therefore, the very lodging of the FIR by the prosecution is arbitrary, illegal, and motivated. All the applicants are simple, rustic villagers and poor farmers/agriculturists who earn their livelihood solely through agricultural work belonging to the Gond community, and the present dispute arose when certain villagers of Kamthi village forcibly attempted to install a Durga Pandal within the temple premises belonging to the applicants’ community, which they have been maintaining for more than four decades. The said temple is their ancestral property, recorded as Rajwadi land since time immemorial. Despite the members of the Gond community having made complaints to the police authorities regarding such forceful and provocative acts, no effective action was taken. It is further submitted that arising out of the same incident, two of the co-accused, who are women have already been granted anticipatory bail by the learned trial Court vide order dated 4 07.10.2025, and two other co-accused have also been granted regular bail by the learned trial Court vide order dated 25.09.2025. Hence, considering the principle of parity, the innocence of the applicants, and the absence of any credible material against them, it is humbly submitted that the applicants deserve to be released on anticipatory bail. 4. Learned counsel for the applicants also submits that so far as criminal antecedents of the applicants are concerned, the applicants in MCRCA No. 1601 of 2025 have no previous criminal antecedents registered against them. However, applicants namely Sahdev Merawi and Ramsingh Markam in MCRCA No. 1622/2025 have two criminal case against them and in both the cases, they have already been acquitted and the same has been explained in detail in para 4(A) of the bail application. 5. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants but could not dispute the fact that co-accused persons have already been granted anticipatory bail and regular bail by the learned trial Court. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it transpires that two of the co-accused, who are women have already been granted anticipatory bail by 5 the learned trial Court vide order dated 07.10.2025, and two other co-accused have also been granted regular bail by the learned trial Court vide order dated 25.09.2025 and further so far as criminal antecedents of the applicants are concerned, the applicants in MCRCA No. 1601 of 2025 have no previous criminal antecedents registered against them. However, applicants namely Sahdev Merawi and Ramsingh Markam in MCRCA No. 1622/2025 have two criminal case against them and in both the cases, they have already been acquitted and the same has been explained in detail in para 4(A) of the bail application. As such, this Court deems it fit to grant benefit of anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Bhagwat Checham, Gautar Checham, Dinesh Kumar Checham, Gendram Markam, Ichha Kumar Dhurvey, Manoj Dhurvey, Sahdev Merawi and Ramsingh Markam, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) They should 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) They should not act in any manner which will be prejudicial to fair and expeditious trial. 6 (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil