1 2025:CGHC:49843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1529 of 2025 1. Bihari S/o Shri Brihaspat Aged About 37 Years R/o Village Lodhi, Post Office- Maheva, Police Station Basantpur, District Balrampur Ramanujganj (C.G.) 2. Heerachand S/o Shri Thukri Aged About 36 Years R/o Village Lodhi, Post Office- Maheva, Police Station Basantpur, District Balrampur Ramanujganj (C.G.) 3. Ajay S/o Shri Dhjaramraj Aged About 31 Years R/o Village Lodhi, Post Office- Maheva, Police Station Basantpur, District Balrampur Ramanujganj (C.G.) 4. Dharamraj S/o Late Nabalak Ram Aged About 55 Years R/o Village Lodhi, Post Office- Maheva, Police Station Basantpur, District Balrampur Ramanujganj (C.G.) ... Applicants versus 1. The State of Chhattisgarh Through The District Magistrate, District Balrampur Ramanujganj (C.G.) 2. Habiban W/o Late Tajuddin Aged About 60 Years Musalman Caste And R/o Village Harigawan, Post Office Pandri, Police Station Raghunath Nagar, District Balrampur Ramanujganj (C.G.) 3. Shabana W/o Shri Mohd. Aabid Aged About 34 Years Musalman Caste And R/o Village Harigawan, Post Office Pandri, Police Station Raghunath Nagar, District Balrampur Ramanujganj (C.G.) 4. Mahrunisha W/o Mohd. Shabid Aged About 35 Years Musalman Caste And R/o Village Harigawan, Post Office Pandri, Police Station Raghunath Nagar, District Balrampur Ramanujganj (C.G.) ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.08 18:51:01 +0530 2 5. Shakila W/o Mohd Wahid Aged About 30 Years Musalman Caste And R/o Village Harigawan, Post Office Pandri, Police Station Raghunath Nagar, District Balrampur Ramanujganj (C.G.) ... Non-applicants For Applicants : Mr. Ram Vifal Ram Rajwade, Advocate. For Non-applicant No. 01 /State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Complaint Case No. 398/2025 registered before Judicial Magistrate First Class, Wadrafnagar, District – Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 294, 506, 323, 354 of the Indian Penal Code. 2. The prosecution story in brief is that the complainants/respondents No. 2 to 5 submitted a complaint against the applicants and three other persons, alleging therein that when the complainants tried to stop the applicants from carrying out tree plantation on their land, the applicants abused them in filthy language, dragged them by their hair, assaulted them with hands and legs, tore their clothes with bad intention, and also threatened them with dire consequences. On the basis of the said complaint, the learned Magistrate called for a report from the concerned police. The police, after due investigation, submitted a report stating that the allegations made by the complainants were false. In fact, it was the members of the complainant party who, armed with weapons like an axe, reached the spot where the plantation work was being carried out, abused the applicants and forest officials, uprooted and threw away the plants, and created obstruction in government work. 3 3. After recording the preliminary statements of the complainants and their witnesses, the learned JMFC, Wadrafnagar, by order dated 14.11.2024, dismissed the complaint case, observing that the complaint did not disclose the commission of any offence alleged to have been committed by the applicants, and that the dispute between the parties was land- related, for which a civil suit could be filed. 4. The said order was challenged by the complainants, and vide order dated 25.06.2025, the learned Sessions Judge, Balrampur, sitting at Ramanujganj, allowed the revision and directed the trial Court to register offences under Sections 294, 506, 323, and 354 of the IPC against the present applicants. 5. Being aggrieved by the order dated 25.06.2025, the applicants filed Cr.M.P. No. 2703/2025 before the Hon’ble High Court, which, vide order dated 02.09.2025, was dismissed. 6. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that the applicants have never abused, assaulted, or outraged the modesty of the complainants. In fact, on the date of the alleged incident, i.e., 25.08.2023, the applicants were engaged by the Forest Department officials for carrying out tree plantation work on forest land bearing Plot No. P-660. During the plantation work, the complainants along with their companions came armed with clubs and axes, abused and assaulted the applicants, other labourers engaged in plantation work, as well as the forest employees. He submits that the aforesaid incident was reported by one Forester, namely Krishna Kumar Nishad, at Police Station Basantpur, where Crime No. 126/2023 was registered for offences under Sections 147, 186, 294, 323, 332, and 506 of the IPC against the complainants and their companions. He further 4 submits that since Crime No. 126/2023 was registered against the complainants and their companions, they have, in retaliation, filed a false and frivolous complaint against the present applicants as well as the forest employee, namely Krishna Kumar Nishad. He submits that in the said complaint case, the complainants have falsely alleged that they were in possession of and cultivating the land bearing Khasra No. 1125, admeasuring 2.42 hectares, on the date of the incident; whereas, as per the revenue records, the said land is recorded in the name of Ramesh Subhash, son of Arjun. He submits that the present applicants have no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicants. 7. On the other hand, learned State counsel appearing for the non - applicant/State opposes the bail application and submits that looking to the seriousness of the present case, the anticipatory bail application of the present applicants are entitled to be dismissed. 8. I have heard learned counsel for the parties. 9. Considering the facts and circumstances of the case, it appears that on the date of the alleged incident, i.e., 25.08.2023, the applicants were engaged by the Forest Department officials for carrying out tree plantation work on forest land bearing Plot No. P-660. During the course of the plantation work, the complainants, along with their companions, came armed with clubs and axes, and allegedly abused and assaulted the applicants, other labourers engaged in the plantation work, as well as the forest employees. Further, the aforesaid incident was reported by one Forester, namely Krishna Kumar Nishad, at Police Station Basantpur, where Crime No. 126/2023 was registered for offences under Sections 147, 186, 294, 323, 332, and 506 of the IPC against the complainants and their companions. Hence, the present complaint appears to have 5 been made against the applicants as a counterblast. Moreover, it is noted that the present applicants have no criminal antecedents, therefore, without further commenting on merits, I am inclined to grant anticipatory bail to the present applicants. 10. Accordingly, the anticipatory bail application of the applicants - Bihari, Heerachand, Ajay and Dharamraj, is allowed. It is, therefore, directed that if the applicants furnish a personal bond of Rs. 20,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate First Class, Wadrafnagar, District – Balrampur-Ramanujganj (C.G.) (each) in Complaint Case No. 398/2025, they be released on bail. Order shall be in force till disposal of the case. Sd/- (Ramesh Sinha) Chief Justice Abhishek