Korba, Chhattisgarh v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:40842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1228 of 2025 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Rohit Sahu S/o Ashok Kumar Sahu Aged About 36 Years R/o Ramsagar Para, Darri Road, Korba, Ward No. 01, Tahsil And District - Korba, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Kotwali, Korba, District - Korba, Chhattisgarh. ... Respondent(s) For Applicant(s)
Legal Reasoning
: Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2025 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. 453/2025 registered at Police Station – Kotwali, Korba, District - Korba (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 3(5), 74, 304(2) of the BNS, 2023. 2. Prosecution case in brief is that the complainant Hemant Shukla 2 lodged a report on 17.06.2025 in Police Station - Kotwali, Korba alleging inter-alia that on 17.06.2025 at about 10.45 pm night, resident of Ramsagar Para namely Kamlesh Sahu, Rohita Sahu the present applicant, Vipin Sahu @Raja and some other persons came with scrap materials in a vehicle pick-up to Sitamani near Hotel Ashray and tried to keep the scrap material in the house of Prarthana Shukla and told them that the house of Prarthana Shukla has been purchased by them. It is further alleged that the accused persons abused in filthy languages, threatened to cause death and assaulted him which was intervened by his wife, son and son-in- law, then they were also abused in filthy languages. On the basis of report, the first information report was registered under Section 296, 351(3), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, statement of the complainant was recorded on 19.06.2025 and statement of son- in-law of the complainant namely Vinay Sharma was recorded on 24.06.2025 and on the very same date, a written statement was submitted by the injured person as per which the present applicant along with Kamlesh Shau entered into her house and with intent to outrage of modesty, pressed her breast and also torn the clothes of the injured. It is further alleged that the accused persons snatched chain of son-in-law and mobile of the son of the complainant. Then section 74, 304(2) of Bharatiya Nyaya Sanhita, 2023 were inserted in the case. The charge-sheet is yet to be filed and matter is being investigated by the police of Police Station Kotwali, Korba, District - Korba (C.G.). 3. Learned counsel for the applicant submits that the applicant is 3 innocent and asserts that he has not committed any offense, particularly against the complainant. A background to the dispute reveals that the complainant's mother, Kamla Devi Shukla, had a property dispute with her son (the complainant) and his family, which was decided in her favor on 07.03.2024. The applicant purchased the property from Kamla Devi Shukla through a notarized sale deed dated 15.04.2024. However, the complainant's sister-in-law, Prarthana Shukla, filed a civil suit challenging the sale deed, which is pending before the Civil Judge Class-II, Korba. Another civil suit is also pending between the complainant and his mother. After an incident, the applicant sought urgent relief and status quo, which was granted by the Court on 18.06.2025. Notably, the applicant lodged a counter FIR against the complainant and his family members on the same date and time as the alleged incident. Further, co-accused, namely Kamlesh Sahu has already been granted bail by the learned trial Court in bail application No.364/2025 vide order dated 25.06.2025 and the case of the present applicant is identical to that of the co-accused, as such the applicant seeks bail 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 also the submissions made by learned counsel for the applicant, but could not dispute the fact that the co-accused, namely Kamlesh Sahu has already been granted bail by the learned trial Court in bail application No.364/2025 vide order dated 25.06.2025 and the case of the 4 present applicant is identical to that of the co-accused. 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, also considering the fact that a civil dispute is pending between the parties and further, co-accused, namely Kamlesh Sahu has already been granted bail by the learned trial Court in bail application No.364/2025 vide order dated 25.06.2025 and also, there are counter versions of the incident and from the side of the applicant also, FIR was lodged against the complainant for similar offences and further, Sections 74, 304(2) of the BNS were inserted only on the basis of the statement made by complainant's wife in the case just to give a serious colour to the allegation levelled against the applicant, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rohit Sahu, 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 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. 5 (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 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 shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil