1 2025:CGHC:61318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1910 of 2025 • Niraj Tiwari S/o Chhedilal Tiwari Aged About 42 Years R/o Village Tendua, Police Station And Tehsil Shivrinarayan, District- Janjgir- Champa (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station- Shivrinarayan, District- Janjgir-Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amarnath Pandey, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy.A.G. 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.270/2025 registered at Police Station – Shivrinarayan, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 109(1), 115(2), 296, 3(5), 351(3) of BNS, 2023. 2. The prosecution story, in brief, is that the complainant is a resident of village Shivrinagar and is engaged in the profession of journalism. His friend, Harshvardhan Tiwari, who is also resident of Shivrinagar, informed him that an agreement had been made to purchase 13 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:08 +0530 2 acres of land situated in village Tendua from Rajendra Kumar Sharma for a total amount of 1 crore 60 lakh. Out of this, 61 lakh ₹ ₹ had been paid in advance, and the notarization of the agreement had been completed. At present, due to the railway line survey being carried out in the area, the government has imposed a restriction on land registration, as a result of which the registry could not be executed. Rajendra Kumar Sharma had stated that he had handed over possession and all ownership rights of the said land to Harshvardhan Tiwari. He had also stated that he had granted the complainant the right to cultivate and work on the said land. However, Niraj Tiwari and Suraj Tiwari had allegedly ploughed the land forcibly without any authority. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It has also been argued by learned counsel for the applicant that complainant wants to grab the land of the applicant and only for harassing the applicant, present FIR has been lodged. He also submits that the allegation levelled against the applicant is that he assaulted the injured by sword, as a result injured persons sustained injuries, which 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 five criminal antecedents, out of which only one case crime No. 229 of 2024 for offence under Sections 294, 506, 323/34 of IPC is pending for it’s conclusion. He also submits that there are two injured persons, one sustained simple injuries but another injured namely Harshwardhan Tiwari sustained grievous injuries i.e., open Grade IIIC FRACTURE OLECRENON 3 PROCESS RIGHT SIDE. 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 a civil dispute between the applicant and the complainant in respect of land, hence this Court is of the view that the applicants are 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 – Niraj Tiwari 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. (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