Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11205
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 318 of 2025 1 - Rajinder Singh S/o Kashmir Singh Aged About 32 Years R/o Savarkar Nagar, Hirapur, Tatibandh, District Raipur (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Aarakshi Kendra Amanaka, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Ankur Diwan, Advocate For Non-applicant : Mr. Hariom Rai, PL. For Objector : Mr. Pragalbha Sharma, Advocate. SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025
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.40/2025 registered at Police Station Aarakshi Kendra Amanaka, District-Raipur(C.G.) for the offence punishable under Sections 115(2), 118(1), 296, 3(5), 351(2) B.N.S. NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 16:37:34 +0530
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2. Prosecution case in brief is that on 30.01.2025 at 11 pm accused persons namely Sahir Nasir, Farhan Ali, Md. Afaz and other persons started abusing one Abhilash Shrivastava and beating him outside Amanaka Thana, due to which he sustains injuries, hence, FIR was registered against the applicant for the offence under Sections 115(2), 296, 3(5), 351(2) B.N.S. Later on, Section 118(1) of B.N.S. was also added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that name of the applicant is not there in the FIR. No ingredients of the offence under Sections 115(2), 118(1), 296, 3(5), 351(2) B.N.S. are present so far as the case of the applicant is concerned. Charge-sheet has not been filed and trial is likely to take considerable time. He further submits that the offence under Sections 115(2), 296, 351(2) of B.N.S. were bailable offence of which punishment is of 2 years or less and for the offence under Section 118(1) B.N.S. punishment is 3 years. Applicant is not present at the time of offence and initially no FIR was registered against the applicant. There is delay in FIR. Name of the applicant is not there in the written complaint. The
3 applicant is the District Vice President of the Chhattisgarh Regional Human Development Committee and has no role to play in the present case.
Applicant is ready to furnish adequate security and shall abide by all the terms and conditions imposed by this Hon’ble Court while granting anticipatory bail to the applicant. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application of present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, material available on record in the case diary, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant Rajinder Singh, involved in Crime No.40/2025 registered at Police Station Aarakshi Kendra Amanaka, District-Raipur(C.G.) for the alleged commission of offence punishable under Sections 115(2), 118(1), 296, 3(5), 351(2) B.N.S., 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Nisha