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2025 DAILYLAW 10448 (CHH)

SOHAN CHAURASIYA v. STATE OF CHHATTISGARH

MCRCA/279/2025 · 2025-03-03

body2025

Judgment text

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1 2025:CGHC:10286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 279 of 2025 1. Sohan Chaurasiya S/o Kashinath Chourasiya Aged About 25 Years R/o Tulsipur, Bajrangpur Chowk, Rajnandgaon, Distt.- Rajnandgaon (C.G.) ... Applicant versus 1. State Of Chhattisgarh Through Sho, Ps- City Kotwali, Rajnandgaon, Distt.- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. H.S. Ahluwalia, Advocate For Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.26/2025 registered at Police Station City Kotwali Ranjnandgaon, District Rajnandgaon NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 12:16:12 +0530 2 (C.G.) for the offence punishable under Section 308 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of prosecution, in brief, is that the applicant along with co-accused persons in between 01.09.2023 to 30.11.2024 demanded money from the son of complainant by putting him under fear and asked him not to disclose the same to anyone else threatened to kill his father and grandfather. As a result, son of applicant gave Rs.4,40,000/- approximately and golden chain to the accused persons. Based on said complaint, instant crime is registered against applicant and other accused persons, which is under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that there is no single monetary transaction between the son of complainant and present applicant and only on suspicion applicant has been made accused in instant crime. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposed the bail application of present applicant. He, however, submits that there is one criminal antecedent of the year 2013 against the applicant. 3 5. At this stage, learned counsel for applicant submits that the offence earlier registered against the applicant has been compromised before the National Lok Adalat on 14.12.2024 and the applicant has been acquitted of the charges. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, without commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of applicant –Sonha Chaurasiya on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (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 his adhaar card along with a coloured 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 nisha