1 2025:CGHC:4986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 136 of 2025 XYZ --- Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Balod, District - Balod, Chhattisgarh. --- Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 1. This 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. 597/2024 registered at Police Station- Balod, District Balod (C.G.) for the offence punishable under Sections 109(1), 118(1), 296, 3(5) and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 04.12.2024, the applicant, his mother and his father have abused, his mother and his father have PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.29 15:04:39 +0530 2 abused with the complainant, namely, Santosh Nath Yogi and assaulted with the help of knife, due to which, the complainant received injuries. The report to the above effect was lodged by complainant, upon which, the alleged offences have been registered against the applicant, his mother and father. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the complainant has assaulted with the father of the applicant, namely, Chandrika Prasad Dubey, due to which he received grievous injuries and he was admitted in hospital for treatment and ultimately the father of the applicant died on 11.12.2024. The applicant's family made complaint before the concerned Police, upon which the offence under Sections 296, 351(2), 115(2) and 3(5) of B.N.S. have been registered against the complainant and his companion in Crime No. 600/2024. He further submitted that on similar allegation, the anticipatory bail of the applicant's mother, namely, Manaswi Dubey has been granted bail by this Court vide order dated 17.01.2025 passed im MCRCA No. 92/2025. He also submits that applicant is a juvenile and has not assaulted with the complainant by knife. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel oppose the bail application. 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 leveled against the applicant, and from the perusal of the case diary, it transpires that there are counter case, and father of the 3 applicant, namely, Chandrika Prasad Dubey, has died in the incident and the applicant's family made complaint before the concerned Police, upon which the offence under Sections 296, 351(2), 115(2) and 3(5) of B.N.S. have been registered against the complainant and his companion in Crime No. 600/2024, further the anticipatory bail of the mother of the applicant, namely, Manaswi Dubey has been granted bail by this Court vide order dated 17.01.2025 passed in MCRCA No. 92/2025, also considering the fact that applicant is a juvenile, 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 – XYZ on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 her 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 her 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 involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti