1 2025:CGHC:6335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 184 of 2025 1 - Yashwant Yadav S/o Goverdhan Yadav Aged About 21 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh 2 - Agan Bai W/o Goverdhan Yadav Aged About 42 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh 3 - Bhagwati Yadav W/o Narendra Yadav Aged About 30 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh 4 - Mahetarin Bai W/o Bhagatram Yadav Aged About 65 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh 5 - Sushila D/o Bhagatram Yadav Aged About 35 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh 6 - Sumitra D/o Bhagatram Yadav, W/o Gangaram Yadav Aged About 30 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S. Jaijaipur, District Sakti Chhattisgarh ... Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 versus State Of Chhattisgarh Through Station House Officer, Police Station Jaijaipur, District Sakti Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Jai Dewangan, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. Shrikant Kaushik, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.262/2024 registered at Police Station Jaijaipur, District Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), 115(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that on 25.12.2024, the applicants/accused and other co-accused were digging the ground in front of the house of complainant Dhaneshwar Sahu using tools like Gainti, Rampa, Sabal, Tangi, and Katta. When the complainant informed his brother Ashwani Sahu, Ram Avtar, father Ram Dulari Sahu, mother Rajkumari, and sister-in-law Khushboo Sahu, they came out of the house and confronted the 3 accused. The accused allegedly hurled obscene abuses at Ashwani Sahu, also gave them life threats. The accused also physically assaulted Ashwani Sahu, his father, and his sister-in- law, causing them injuries. The investigation is ongoing based on the complaint filed by Dhaneshwar Sahu, thereafter, the alleged offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicants are innocent and have been falsely been implicated in the present case. He would further submit that both the parties are of same village, on account of previous animosity of applicants with the complainant a dispute arose between them regarding digging land, but the applicants have never assaulted the injured person. He would also submit that the injury received by the injured is caused by main accused not by the present applicants, which is also simple in nature, only on the basis of mere suspicion, present applicants have been made an accused in the case, hence he prays for grant of anticipatory bail to the applicants. 4. Learned State counsel has opposed the prayer for grant of anticipatory bail. 5. Learned counsel for the objector submits that applicant No.1, on account of some dispute regarding digging land had assaulted the injured with sharp edged weapon, due to which, injured received grievous head injuries, whereas other co-accused persons have 4 accompanied him, therefore, the applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, and the fact that the main allegation is against the applicant No.1, namely, Yashwant Yadav, who had assaulted the injured, namely, Ashwani Sahu with sharp edged weapon, due to which, injured received grievous head injuries, as such, I am not inclined to grant anticipatory bail to applicant No.1. Accordingly, the anticipatory bail application of the applicant - Yashwant Yadav, involved in Crime No.262/2024 registered at Police Station Jaijaipur, District Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), 115(2) of of BNS, is rejected. 8. So far as the case of applicant Nos. 2 to 6 are concerned, they have not assaulted the injured as the same was done by co- accused Yashwant Yadav, also considering the fact that they are ladies and their case is distinguishable from that of the co- accused, namely, Yashwant Yadav (applicant No.1), as such, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant Nos. 2 to 6. 5 9. Accordingly, the instant MCRCA, so far as it relates to applicants - Agan Bai, Bhagwati Yadav, Mahetarin Bai, Sushila and Sumitra is concerned, the same is allowed and it is directed that in the event of arrest of the aforesaid applicants, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil