1 2025:CGHC:59323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1809 of 2025 • Neelkanth S/o Late Budhram Aged About 56 Years Caste - Satnami, Occupation - Farmer, R/o Village - Nariyara, Police Station And Tahsil - Hasaud, District - Sakti Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Out Post - Chhapora, Police Station - Malkharauda, District - Sakti Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Amit Verma. Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This is the 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.259/2025 registered at Police Station – Malkharauda, Out Post- Chhapora District – Sakti (C.G.) for the offence punishable under Sections 115(2), 140(2), 296, 351(3), 3(5) of BNS. 2. The prosecution story, in brief, is that the complainant Sumit Ratre lodged a report alleging inter-alia that he is a student of Class-11th and on 28.10.2025 at about 7:00 pm he went to visit fair with his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.08 11:01:32 +0530 2 friends Aman Parmar, Lucky Tandan by a motorcycle from Nariyara. It is further alleged that he left the Village Nariyara at about 7.00 pm evening and went to Ramnami Fair, Pirda where he was roaming here and there with his frinds Lucky Tandan and Aman Parmar. It is alleged that at about 8.00 pm, the villagers of his own Village Nariyara namely Kishan Ratre and Dhanraj Ratre came to Pirda fair and abused in filthy languages, threatened to cause death and took him to Village Nariyara by motorcycle. It is further alleged that the accused persons/kidnappers along with the present applicant, assaulted him by belt, club and knife, due to which he sustained injuries on forehead, left eyebrow, right thumb, back, waist, lips and both the legs and feeling pain. It was further stated that due to night and darkness, nobody saw the incident but he reported the same to his father, uncle and one Ashok Ratre. It was further stated that the incident of Village - Pirda was seen by Lucky Tandan and Aman Parmar. The aforesaid incident was reported to Police Station Hasaud where the FIR No. 01/2025 was recorded and sent it for registration before Police Station Malkharauda, where the first information report bearing Crime No. 259/2025 was registered on 29.10.2025 for the offence punishable under Section 140(2), 296, 115(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, hence, this bail application. 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 is submitted that the applicant along with two other co-accused who are son of the present applicant involved in the present case and he further submits that all the offences registered against the present applicant are bailable offences except offence under Section 140(2) of BNS. He further submits that the injury sustained by the injured are 3 simple in nature. Moreover, the present applicant aged about 56 years old. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that present applicant has seven previous criminal antecedent, out of which only two cases are disposed of, it appears that applicant is a habitual offender. He further submits that on the date of incident present applicant along with other two co-accused abducted the injured and threatened to cause death and took him to village Nariyara by motorcycle and assaulted him by hand, fist, belt and knife, due to which he sustained multipal injuries on his body, therefore he is not entitled for grant of 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, material available on record and considering the injuries received by the injured, which are simple in nature, looking to the age of the present applicant, further case of the present applicant is distinguished from other co-accused persons, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Neelkanth 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:- 4 (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