1 2025:CGHC:61320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1759 of 2025 • Deepak Kumar Patel S/o Shri Shobind Chandra Patel Aged About 29 Years R/o Village Budiya P.S. Tamnar, Distt. Raigarh C.G. ... Applicant versus • State of Chhattisgarh Through Police Station- Tamnar, Distt. Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Kumar Sinha, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.12.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.215/2025 registered at Police Station – Tamnar, District – Raigarh (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 296, 351(2), 115(2), 118(2), 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that on 22.09.2025 there was Arkestra program was organized by the villagers in the evening of Vishwakarma Pooja in the village Jhikabahal which is adjacent village of Budiya from where the applicant is resided. The applicant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:08 +0530 2 was given charges to give water to the persons of the villages. The applicant is taking active role in the social culture of the village and therefore some villagers Arun Behra and other take revenge with the applicant and they planned to implicate the applicant in the criminal case and the name of the applicant got registered in the police station and FIR has been registered against the present applicant and other co-accused persons namely Sanjeev Behra, Raja Bahidar and other. the complainant has alleged that on 22.09.2025 at 3.00 AM in the night, the present applicant and another co-accused Sanjeev Behra, Raja Bahidar and other assaulted with hands and fists to the son of the complainant Dhiraj Behra as quarreling was made in the function of Orchestra and it is alleged that the accused persons abused and assaulted with hands, fists and hockey stick. It is alleged that the victim Dhiraj Behra and Upendra Behra received injuries and admitted in the hospital and treatment has been made. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that there was counter report has been lodged and both parties are received injuries and one co-accused namely Rajesh Nishad has also received injury. He further submits that the allegation levelled against the present applicant is that on 22.09.2025 at 3.00 AM in the night, the present applicant along with other co- accused Sanjeev Behra, Raja Bahidar and other assaulted with hands and fists to the son of the complainant Dhiraj Behra as quarreling was made in the function of Orchestra and it is alleged that the accused persons abused and assaulted with hands, fists and hockey stick, as a result two injured namely Dhiraj Behra and Upendra Behra received injuries and admitted in the hospital. He 3 further submits that injuries received by the injured are simple in nature. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has no any criminal antecedent. He Also submits that there are two injured persons Dhiraj Behra and Upendra Behra received injuries and admitted in the hospital and Dhiraj received simple injuries but another injured namely Upendra Behra has grievous injuries, therefore, applicant is not entitlement to grant anticipatory bail. 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 levelled against the applicant, submissions made by learned counsel for the parties and also considering the fact that there was counter report has been lodged and both parties were received injuries and one co-accused namely Rajesh Nishad has also received injury, 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 – Deepak Kumar Patel on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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. 4 (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 vaishali