Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17444
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 331 of 2025
1. Venktesh Manhar S/o Indrajeet Manhar Aged About 20 Years R/o Village Sevti, P.S. Bilha, District Bilaspur (C.G.)
2. Gourav Khande S/o Rajesh Kumar Khande Aged About 21 Years R/o Mini Basti, P.S. Civil Line, District Bilaspur, Chhattisgarh
... Applicant(s) versus
1. State Of Chhattisgarh Through The Police Station Civil Line, District Bilaspur, Chhattisgarh
... Non-Applicant(s) For Applicant(s) : Mr. Hemant Kesharwani, Advocate For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order On Board 16.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 422/2024 registered at Police Station - Civil MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 13:03:59 +0530
2 Line Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Sections 327, 294, 506, 323, 427 and 34 of IPC.
3. Prosecution case, in brief, is that, on 08.05.2024, the applicants along with other co-accused demanded money from the complainant namely Rupesh Dubey for taking liquor, due to non-fulfillment of demand, the present accused persons assaulted the complainant, on account of which, he received injuries. Therefore, aforesaid, offence has been registered against the accused persons.
4.
Learned counsel for the applicants are innocent persons and they have not committed any offence as alleged by the prosecution. It is submitted that a total of 4 accused persons are involved in the present case, and two co-accused persons have been granted anticipatory bail by this Court vide order dated 12.12.2024 passed in MCRCA No. 1382/2024 and vide
order dated 09.01.2025 passed in MCRCA No. 31/2025. Therefore, he prays for grant of anticipatory bail to the applicants. 5. On the other hand, learned counsel appearing for the Non- applicant/State oppose the prayer for grant of anticipatory bail and submits that the applicants along with other co-accused demanded money from the complainant for taking liquor, due to non-fulfillment of demand, the present applicants along with
3 other accused persons assaulted the complainant, on account of which, he received injuries. However, injuries were found to be simple in nature and the injured has been hospitalized for one day, thereafter, discharged. Hence, the applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts and circumstances of the case, nature and gravity of offence leveled against the applicants and further from perusal of the case diary, it transpires that a total of 4 accused persons are involved in the present case, and two persons have been granted anticipatory bail by this Court vide order dated 12.12.2024 passed in MCRCA No. 1382/2024 and vide order dated 09.01.2025 passed in MCRCA No. 31/2025 and also the applicants have two previous criminal antecedents, in which they have already been acquitted, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Venktesh Manhar and Gourav Khande on each executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they will be released on bail on the following
4 conditions:- (a) The Applicants will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) The Applicants will not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants will appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
(d)The Applicants 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)The Applicants will not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Manish