1 2025:CGHC:9658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 277 of 2025 1. Pawan Bain S/o Vinod Bain Aged About 27 Years R/o Village- Sargaon, Majhlipara, Police Station Gandhi Nagar, Tahsil - Ambikapur, Dist - Sarguja (C.G.) 2. Vinod Bain S/o Nagar Bain Aged About 55 Years R/o Village- Sargaon, Majhlipara, Police Station Gandhi Nagar, Tahsil - Ambikapur, Dist - Sarguja (C.G.) 3. Monika Bain W/o Vinod Bain Aged About 50 Years R/o Village- Sargaon, Majhlipara, Police Station Gandhi Nagar, Tahsil - Ambikapur, Dist - Sarguja (C.G.) 4. Nagar Bain S/o Devendra Aged About 75 Years R/o Village- Sargaon, Majhlipara, Police Station Gandhi Nagar, Tahsil - Ambikapur, Dist - Sarguja (C.G.) 5. Nato Bain W/o Nagar Bain Aged About 70 Years R/o Village- Sargaon, Majhlipara, Police Station Gandhi Nagar, Tahsil - Ambikapur, Dist - Sarguja (C.G.) ... Applicants versus State of Chhattisgarh Through - Station House OfÏcer Gandhi Nagar, District - Sarguja (C.G.) ... Respondent(s) For Applicants : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.02.2025 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. 769/2024 registered at Police Station – Gandhi Nagar, District - Sarguja (C.G.) for the offence punishable under Sections 115(2), 191(2), 331(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on the incident date 24.12.2024 at 09:00 pm, accused Pawan Bain along with other companions entered the complainant's house, abused him obscenely, beat him with sticks and iron rods and took away Rs 3-4 lakh kept in the cupboard. During the same time, accused Pawan Bain called other accused on phone and all the accused beat the applicant and his family members with sticks and abused them and threatened to kill them. On the basis of the above written complaint, a case was registered against the accused in Gandhinagar Police Station under crime number 769/2024 under sections 115 (2), 191 (2), 331 (2), 296 BNS. During the investigation, it was found that the accused had committed the offence under Section 331(6) BNS, and hence, the said section was added and investigation proceedings are being initiated against the accused. 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 there was a quarrel between the applicant and the complainant who are cousins. Consequently, both sides are lodged FIR against each other and the FIR which was lodged from the side of the applicant against the complainant’s party was registered under Section 3 323 of Indian Penal Code and the injuries sustained were of a simple in nature. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector oppose the bail application and submits that accused Pawan Bain along with other companions entered the complainant's house, abused him obscenely, beat him with sticks and iron rods and took away Rs 3-4 lakh kept in the cupboard and threatened to kill them. Therefore, 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 applicant and the fact that the there was a quarrel between the applicant and the complainant who are cousins, consequently, both sides are lodged FIR against each other and the FIR which was lodged from the side of the applicant against the complainant’s party was registered under Section 323 of Indian Penal Code and the injuries sustained were of a simple in nature , 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 Nos. 1, 2, 3, 4 and 5 – Pawan Bain, Vinod Bain Monika Bain, Nagar Bain and Nato Bain on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- 4 (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 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)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti