1 2026:CGHC:26896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 969 of 2026 Smt. Urmila W/o- Late Uttamram, Aged About 45 Years R/o- Domanhill, Chirmiri, Police Station And Tahsil-Chirmiri, District- M C B (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Chowki - Bachra Poldi, Police Station- Baikunthpur, District- Koriya (C.G.) ... Respondent For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.188/2026 registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offences punishable under Sections 296, 115(2) of the BNS, 2023. and Section 4 and 5 of the C.G. Tonhi Pratadna Adhiniyam. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.02 11:19:16 +0530 2 2. The prosecution case in brief is that the complainant Sukmen Bai lodged a report stating that about 15 years ago, Uttam, the husband of the applicant/accused, brought her to Village Sanwala by luring her with the promise of taking care of her maternal aunt, Kaleshwari Bai, and providing her with land. The complainant and her husband had been residing in a house constructed on land purchased by them. At present, after the death of her aunt Kaleshwari, her nephew Vinod, and the husband of the applicant/accused, the applicant/accused intends to dispossess the complainant from her land and has been demanding wages for 15 years of work allegedlyrendered. In this regard, a village assembly (Gram Darbar) was convened where the applicant/accused allegedly abused the complainant with filthy language in front of the gathering and humiliated her by calling her a "Tonhi/Bhootahi" (witch practicing black magic), accusing her of having caused the death of her husband and child. It is further alleged that the applicant/accused pulled the complainant's hand and caused her injury. Based on this information, Police Station Baikunthpur registered Crime No. 188/2026 under Sections 296 and 115(2) of BNS and Sections 4 and 5 of the Tonahi Pratadna Nivaran Adhiniyam and the matter is under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, though she has not committed any of the alleged offences. It is submitted that the land in question bearing Khasra Nos. 252, 256, 346 and 356, admeasuring a total area of 1.79 hectares, was purchased by the applicant from Kauleshwari by a registered sale deed dated 02.02.2012, pursuant to which her name was duly mutated in the revenue records by order of 3 the Tehsildar dated 25.05.2012. It is further submitted that the complainant, who is the applicant's sister, along with her husband, was permitted to occupy the applicant's house situated at Village Sanvia, District Koriya, only as a temporary arrangement on humanitarian grounds. Thereafter, when they failed to vacate the premises despite repeated requests, the applicant issued a legal notice calling upon them to hand over vacant possession and had also submitted written complaints to the Superintendent of Police regarding their alleged threats and refusal to vacate the house. It is contended that the present FIR has been lodged with false and fabricated allegations only as a counterblast to the applicant's efforts to recover possession of her property and with the ulterior motive of pressurizing and harassing her. It is further submitted that the applicant is a widow with no criminal antecedents, and her arrest would cause irreparable prejudice to her reputation, liberty and livelihood. The applicant undertakes to cooperate with the investigation, shall not tamper with the prosecution evidence or influence any witness, is ready to abide by all the terms and conditions that may be imposed by this Hon'ble Court, and being a permanent resident of the address mentioned in the cause title with movable and immovable properties within the jurisdiction, there is no likelihood of her absconding. Accordingly, it is prayed that the applicant be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Urmila, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) she 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 him from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she 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 applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav