Digitally signed by GOURI GOURI MUDALIAR MUDALIAR Date:

2025.11.26

16:55:15 +0530 2025:CGHC:57289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1849 of 2025

1 - Kulendra Kumar Patel, Aged About 64 Years, S/o Uderam Patel, 2 - Smt. Khorbaharin Patel W/o Shri Kulendra Kumar Patel, Aged About

58 Years, 3 - Ku. Shruti Patel D/o Shri Kulendra Kumar Patel, Aged About 32 Years, All R/o Ward No. 01, Village Rohra, P.S. Pandariya, District Kabirdham Chhattisgarh ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Pandatarai, District Kabirdham Chhattisgarh ... Respondent For Applicants : Shri C.R. Sahu, Advocate. For : Shri Bharat Gulabani, PL.

Respondent/State Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

25/11/2025

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.165/2025 registered at Police Station –Pandatarai, District Kabirdham (C.G.) for the offences punishable under Sections 118(1), 191(2), 296, 351(3) of the B. N. S.

2. Case of the prosecution, in brief, is that the complainant has made written complaint to the concerned police station with intend that on date of incident there were dispute arose in between parties with regard to subject land in which both side persons have received injuries and three FIR have been registered as crime No. 165/2025, Crime No. 166/2025 and Crime No. 167/2025 in which, police has registered the offence under section 118(1), 191(2), 296, 351(3) of the B. N. S. against applicants and others person in crime No.165/2025.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated due to prior disputes between the parties. It is argued that several complaints were earlier made by applicant Kulendra Patel against the complainant’s side, leading to registration of FIR No. 167/2025, wherein the complainant and others were accused of assaulting the applicant and his son and a civil dispute regarding the land is also pending in Civil Suit No. A/26/2024. He would submit that applicant No.1 is 64 years of age, applicant No.2 is 58 years of age and applicant No. 3 is unmarried daughter of applicants No.1 and 2. He would further submit that the applicants are permanent residents as mentioned in the cause title of this bail application and there is no likelihood of absconding, therefore, he submits that the present applicants are entitled to be released on anticipatory bail.

4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and he would submit that applicant No.1 has four criminal antecedents, out of which 3 cases are pending.

5. I have heard learned counsel for the parties and perused the material available on record.

6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicants, further the fact that applicant No.1 is 64 years of age, applicant No.2 is 58 years of age and applicant No. 3 is unmarried daughter of applicants No.1 and 2 and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicants.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Kulendra Kumar Patel, Smt. Khorbaharin Patel & Ku. Shruti Patel, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 him from disclosing such fact to the Court.

(b) The applicants shall not