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Judgment
19 paragraphs · 607 wordsMilind Ramesh Phadke, J
The applicants have filed this first application under Section 482 of BNSS for grant of anticipatory bail.
Applicants apprehend their arrest in connection with Crime No.184/2025 registered at Police Station Bamori, District Guna (M.P.) in relation to the offence punishable under Sections 132, 221, 296, 351(3), 324(3), 3(5) of BNS and Section 3(1) of India's Prevention of Damage to Public Property Act.
As per the complainant Lakhan Singh, on 18.08.2025 at about 12:30 PM, forest department staff were conducting anti-encroachment eviction proceedings on forest land near Beat Kallaro, Compartment No. RF-542, Village Karmada. During the proceedings, Chironjilal, along with his sons Lakshman and Mahesh and associate Anna, reached the spot, abused the officials in filthy language, and refused to vacate the land. On objection, Chironjilal and Mahesh assaulted the complainant with sticks, causing injuries. When other forest staff intervened, they were also assaulted, resulting in injuries to Lakshminarayan Sabri and Prakash Banjara. Thereafter, Kalu Ramsingh and Kanna Banjara damaged a government vehicle and two motorcycles using sticks, causing loss to public property. The accused also threatened the forest staff with death in case of future eviction. On the basis of the report, offence is registered against the present applicants.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the said act of applicants/accused does not fall in any of the ingredients of the charges leveled against them. There is no likelihood of the applicants absconding or tampering with the prosecution evidence. The applicants undertake to cooperate fully with the investigation as well as the trial and is willing to abide by any terms and conditions that may be imposed by this Court. On these grounds, learned counsel prays for grant of anticipatory bail to the applicants.
Per contra, learned counsel for the State vehemently opposed the prayer for anticipatory bail and prayed for rejection of the present application.
Heard the counsel for the parties and perused the case diary.
Considering the totality of facts and circumstances of the case, without commenting on the merits of the case, this Court is of the considered opinion that the applicants have made out a case for grant of anticipatory bail.
Accordingly, it is directed that in the event of their arrest, the applicants shall be released on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each along with one solvent surety in the like amount in case of each of the applicant, to the satisfaction of the Arresting Authority or Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicants:-
(i) The applicants will comply with all the terms and conditions of the bond executed by them;
(ii) The applicants will cooperate in the investigation/ trial, as the case may be;
(iii) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
(iv) The applicants shall not commit any offence during the period of bail;
(v) The applicants will not seek unnecessary adjournments during the trial;
(vi) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court/Police Station concerned for compliance.
Certified copy as per rules.
