1 2025:CGHC:6334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 183 of 2025 Rishabh Kesherwani S/o Shri Pramod Kesherwani Aged About 27 Years R/o Village Shivrinarayan District - Janjgir - Champa Chhattisgrah ... Applicant versus State Of Chhattisgarh Through District Magistrate Janjgir -Champa Chhattisgarh ... Non-applicant For Applicant(s) : Mr. Ashutosh Trivedi, Advocate For Non-applicant(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 527/2024 registered at Police Station – Shivrinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 324(2), 3(5) of BNS. 2. Prosecution case in brief is that on the date of incident i.e., 22/12/2024 at around 10:30 PM, the applicant went to the house of the complainant and from outside his house started using filthy KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 language, hearing the same, the complainant came out of his house on which the applicant phone called the co-accused persons and they came to the spot and all started assaulting the complainant. The complainant out of fear ran back to his house and the applicant with the aid of the other co-accused had broken the door of the house of the complainant and again assaulted the complainant. The said incident was reported to the police station Shivrinarayan on which the crime No 527/2024 under Section 296, 351(2), 115(2), 333, 324(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, was registered against the present applicant and the other co-accused persons. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the aforesaid case, he is innocent and has not committed any offence. He further submits that the co- accused with the present applicant had made complaint to the Tehsildar Shivrinarayn dated 17/12/2024 informing that the complainant is illegal conducting sand mining inspite of the fact that the sand mining and transporting is totally prohibited in Shivrinarayan. The complainant was therefore having grudge with the applicant and the other co-accused person and has falsely implicated them in the present case. He further submits that the applicant with the other co-accused has also given a video footage and a complaint to the Superintendent of Police, Janjgir, District Janjgir Champa vide complaint dated 06/12/2024 whereby he has categorically named the investigating ofÏcer and one constable as they are illegally taking gratifications from the truck drivers and general public. The police ofÏcer therefore has registered the 3 present crime against the applicant with aid of the complainant who was also having displeasure against the applicant. He further submits that the co-accused namely Peeyush Yadaw and Vivek Singh have already been enlarged on Anticipatory Bail being MCRCA Nos. 51/2025, 120/2025 vide its order dated 13.01.2025 and 23.01.2025 respectively. 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 prayer for grant of anticipatory bail to the applicant and submits that the applicant has three criminal antecedents out of which two cases are under the preventive in nature and he is a habitual offender. Accordingly, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that the co-accused namely Peeyush Yadaw and Vivek Singh have already been enlarged on anticipatory bail being MCRCA Nos. 51/2025, 120/2025 vide its order dated 13.01.2025 and 23.01.2025 respectively and so far as the criminal antecedents of the applicant is concerned, there are three criminal antecedents of the applicant out of which two cases are under the preventive in nature as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rishabh Kesherwani, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) He should 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) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should 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 sureties 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) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal