Dewangan High Court
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 348 of 2025 2025:CGHC:12330 NAFR 1 - Govardhan Prasad Sinha S/o Late Shri Gend Lal Sinha Aged About 51 Years R/o Village- Potiya, P.S.- Khallari, District- Mahasamund (C.G.) 2 - Santram Sinha S/o Late Shri Gend Lal Sinha Aged About 49 Years R/o Village- Potiya, P.S.- Khallari, District- Mahasamund (C.G.) 3 - Lilesh Kumar Sinha S/o Shri Santram Sinha Aged About 19 Years R/o Village- Potiya, P.S.- Khallari, District- Mahasamund (C.G.)
Legal Reasoning
4 - Praveen Kumar Sinha S/o Shri Dhaniram Sinha Aged About 20 Years R/o Village- Potiya, P.S.- Khallari, District- Mahasamund (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through- The District Magistrate, Mahasamund, District Mahasamund (C.G.) --- Respondent(s) MCRCA No. 349 of 2025 Nand Kishor Sinha S/o Late Shri Heera Lal Sinha Aged About 34 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. ---Applicant(s) 2 Versus State Of Chhattisgarh Through The District Magistrate, Mahasamund, District Mahasamund, Chhattisgarh. --- Respondent(s) MCRCA No. 350 of 2025 1 - Krishna Kumar Sinha S/o Shri Hemlal Sinha Aged About 47 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 2 - Gautam Sinha S/o Shri Krishna Kumar Sinha Aged About 18 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 3 - Anil Kumar Sinha S/o Shri Krishna Kumar Sinha Aged About 18 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through The District Magistrate, Mahasamund, District Mahasamund, Chhattisgarh. --- Respondent(s) MCRCA No. 352 of 2025 1 - Rajendra Sharma S/o Shri Murari Lal Sharma Aged About 53 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 2 - Nilkanth Sharma S/o Shri Murari Lal Sharma Aged About 46 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 3 3 - Dharmveer Sharma S/o Shri Rajendra Sharma Aged About 20 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 4 - Tejprakash Sharma S/o Shri Rajendra Sharma Aged About 19 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through The District Magistrate, Mahasamund, District Mahasamund, Chhattisgarh. --- Respondent(s) MCRCA No. 353 of 2025 1 - Tikaram Sinha S/o Late Shri Kunwar Sing Sinha Aged About 62 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. 2 - Panchram Sinha S/o Shri Tikaram Sinha Aged About 38 Years R/o Village Potiya, P.S. Khallari, District Mahasamund, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through District Magistrate, Mahasamund, District Mahasamund, Chhattisgarh. --- Respondent(s) MCRCA No. 360 of 2025 1 - Bhojram Sinha S/o Late Shri Shobharam Sinha Aged About 54 Years R/o Village- Potiya, P.S.- Khallari, District Mahasamund, Chhattisgarh. 4 2 - Mahesh Sinha S/o Shri Bhojram Sinha Aged About 31 Years R/o Village- Potiya, P.S.- Khallari, District Mahasamund, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate, Mahasamund, District Mahasamund, Chhattisgarh. ... Non-applicant (s) For Applicant(s) : Mr. Galib Dwivedi, Advocate For Respondent(s) : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.03.2025 1. These anticipatory bail applications under Section 482(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No. 19/2025 registered at Police Station – Khallari, District- Mahasamund (C.G.) for the offence punishable under Sections 115(2), 191(2), 296, 351(2), 74 of the BNS. 2. As per the prosecution case, Incident: on 20/02/2025, around 7-8 pm, after the Panchayat election results were announced, accused persons, resident of village Potiya, in a drunken state wearing only underwear, illegally entered the house of the complainant and used filthy language to her husband and when she tried to defend her husband, the applicants molested the minor niece of the complainant’s and did other obscene acts, used obscene language at a prominent place in the village and 5 threatened people. Upon reporting the matter against accused persons in Crime No. 19/2025, a case was registered against the 16 accused persons of the village. 3. Learned counsel for the applicants submits that applicants are innocent and are falsely implicated in the case in question. Further, before the said incident, one of the accused Rajendra Sharma lodged an FIR against the husband of the complainant Omprakash Sinha on 21.02.2025 under Crime No. 18/2025 under Sections 74, 76, 351(2), 333 of the BNS and under Section 8 of the POCSO Act for ravishing her minor daughter and he is in jail as on date and as a counter blast of which, the present FIR has been falsely lodged against the present applicants. Further, the report has been lodged with malafide intention. The present applicants are civilized persons of the society. The allegations do not reveal any commission of offence. Just out of the janpad election dispute and animosity, the victim / informant has involved the present applicants in a criminal case. He lastly submits that all the applicants belong to the reputed families and there is every possibility of their reputation being tarnished if they are taken into custody, hence he pray for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants and argued that the applicants /accused persons have molested the victim and raped 6 her, hence their bail applications are liable to be rejected. 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 further the fact that before the incident in question, one of the accused Rajendra Sharma lodged an FIR against the husband of the complainant Omprakash Sinha on 21.02.2025 under Crime No. 18/2025 under Sections 74, 76, 351(2), 333 of the BNS and under Section 8 of the POCSO Act and he is in jail at present and as a counter blast, the present FIR has been falsely lodged against the present applicants, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Govardhan Prasad Sinha, Santram Sinha, Lilesh Kumar Sinha, Praveen Kumar Sinha, Nand Kishor Sinha, Krishna Kumar Sinha, Gautam Sinha, Anil Kumar Sinha, Rajendra Sharma, Nilkanth Sharma, Dharmveer Sharma, Tejprakash Sharma, Bhojram Sinha, Mahesh Sinha, Tikaram Sinha and Panchram Sinha, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 7 (a) They 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) They should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 Applicants 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal