Order on Board

08.07. 2022

1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant who is apprehending his arrest in connection with Crime No.229/2022 registered at Police Station- Mahasamund District- Mahasamund, CG for the offence punishable under Sections 294, 506 r/w Section 34 of IPC and Sections 4, 5 & 6 of Chhattisgarh Tonhi Pratadna Adhiniyam, 2005.

2. Case of the prosecution in brief is that the complainant has lodged a report on 17.05.2022, inter alia on the allegations that on 17.05.2022 when he was sleeping in his house, he was called by his neigbor Dhruw Nishad at about 8:30 pm and taken near to the Banyan tree at the same time Kejuram, Rikhiram and Mohit were also called. Applicant (Baiga) was also there, he asked wife of Dhruw Nishad namely Sumitra Nishad that who did witchcraft, she replied that Parasram, Kejuram, Rajbai and Khorbahrin did witchcraft upon her, thereafter Dhruw Nishad abused the complainant and other members and also threatened them and therefore, he has committed an offence under the Tohni Pratadna Adhiniyam.

3. Learned counsel for the applicant submits that the main accuse