1 2025:CGHC:7343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 215 of 2025 Janak Sinha S/o Amarsingh Sinha Aged About 43 Years R/o Village- Potiyadih Tehsil And District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O. Police Station Arjuni District- Dhamtari (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Avinash Chand Sahu, Advocate appearing through video conferencing. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2025 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.13/2025 registered at Police Station – Arjuni, District – Dhamtari (C.G.) for the offence punishable under Sections 115(2), 296, 3(5), 351(2), 331(6) of Bharatiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant Rameshwar Sinha filed a report stating that on January 19, 2025, while working at his daily needs shop in village Potiyadih, Doman Hirwani from his village visited ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.10 18:55:10 +0530 2 the shop around 7-7:30 PM. Doman started abusing Rameshwar, questioning why he had signed an objection in a pending case related to government land before the Tehsil court in Dhamtari. Doman Hirwani and Janak Sinha then entered the shop and started fighting with Rameshwar, along with the present applicant. As a result, Rameshwar sustained injuries. He alleged that the present applicant was also involved in the incident, leading to the registration of offenses against them. 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 applicant was not involved in any incident and only due to previous animosity with the complainant, his name was added in the FIR, further in the FIR, no such allegation of entering into the house/shop of the complainant has been mentioned against the applicant, further there is a delay in lodging the FIR and not satisfactory reason was given for the same, and the relation between the applicant and the victim is of uncle–nephew, therefore, he prays for grant of anticipatory bail to the applicant. 4. 4. On the other hand, learned State counsel as well as the learned counsel for the objector oppose the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 applicants, and from the perusal of the case diary it transpires that the applicant was not involved in any incident and only due to previous animosity with the complainant, his name was added in the FIR, further in the FIR, no such allegation of entering into 3 the house/shop of the complainant has been mentioned against the applicant, further there is a delay in lodging the FIR and not satisfactory reason was given for the same, and the relation between the applicant and the victim is of uncle–nephew, hence, 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 – Janak Sinha 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 Applicants 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) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 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)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Saxena