1 2025:CGHC:20741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 619 of 2025 1 - XYZ --- Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Masturi, District Bilaspur, Chhattisgarh. --- Respondent For Applicant : Ms. Pragati Pandey, Advocate For Respondent/State : Mr. Ajay Pandey, Govt. Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board 06/05/2025 1. The applicant has filed this First bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita 2023 apprehending his arrest in connection with Crime No. 506/2021 registered at Police Station- Masturi, District- Bilaspur (C.G.) for commission of the offence punishable under Sections 294, 506, 147, 148, 34, 323 & 302 of IPC. 2. Case of the prosecution is that on the date of incident i.e., 26.09.2021, the present applicant along with other co-accused persons assaulted the complainant namely Dev Kumari and deceased Khoruram by rod and also used filthy language and threatened to kill them. It is also alleged that the co-accused had assaulted with a rod on the head of Kholuram, because of which he died during the course of treatment. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.05.07 16:48:35 +0530 2 Based on this offence has been registered against the present applicant along with other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the present applicant was not present on the spot at the time of incident and only on the basis of suspicion he has been made accused in this case. There is no material to connect the applicant in the present case. He further submits that the complainant’s family and the family of the applicant are having subsisting enmity between them, thereby the complainant lodged false complaint against the applicant, the dispute is between two private party and the present applicant has no direct or indirect role in the crime. He also submits that the other co-accused persons namely Santosh Kumar Bhaskar and Smt. Lalima Bhaskar in MCRCA No.1437/2024 vide order dated 19.12.2024 and Sanjay Kumar Bhaskar, Smt. Surekha Bai Bhaskar, Smt. Rajni Bhaskar and Smt. Satvantin Bhaskar in MCRCA No. 169 of 2025 vide order dated 31.01.2025 have been extended privilege of anticipatory bail by this Court and rest of the co-accused persons namely Sohrab @ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC No.1787/2022 have been extended privilege of regular bail, vide order dated 25.07.2022 by this Court. Therefore, the present applicant may also be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application, however, he do not dispute the submission of learned counsel for applicant with regard to grant of anticipatory bail to the co- accused persons. 3 5. After hearing learned counsel for the parties and considering the facts and circumstances of the case, nature of allegation, material available against the applicant and further considering the fact that the other co- accused persons namely Santosh Kumar Bhaskar and Smt. Lalima Bhaskar in MCRCA No.1437/2024 vide order dated 19.12.2024 and Sanjay Kumar Bhaskar, Smt. Surekha Bai Bhaskar, Smt. Rajni Bhaskar and Smt. Satvantin Bhaskar in MCRCA No. 169 of 2025 vide order dated 31.01.2025 have been extended privilege of anticipatory bail by this Court and the rest of the co-accused persons namely Sohrab @ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC No.1787/2022 have been extended privilege of regular bail, vide order dated 25.07.2022 by this Court. As such, without commenting anything on merit of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicants. 6. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- by his uncle/guardian, with one surety in the like sum to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions:- (i) 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; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and 4 (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; (iv) he shall not involve themselves in any offence of similar nature in future. 7. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of anticipatory bail. The concerned trial Court shall not be influenced or bound by any observations made hereinabove. Sd/- (Rajani Dubey) Judge Balram