Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11882
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 293 of 2025 Goutam Kumar Khandekar S/o Sanwal Das Khandekar Aged About 32 Years R/o Village Douna, Police Station Sargaon District - Mungeli (C.G.)
...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Of Police Station Masturi District - Bilaspur (C.G.)
... Respondent For applicant : Shri Chandra Kumar, Advocate. For Respondent/State : Ms.Monika Thakur, PL. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 10/03/2025
1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.11 18:56:00 +0530
2 connection with Crime No.744/2024 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Section 303 (2) read with Section 3 (5) of B.N.S.
2. Prosecution case, in brief, is that, the complainant filed the report on 11-12-2024 stating therein that on the date of incident i.e. of 10-12- 2024 at 9.30 PM, he and his wife had dinner and sleeping in the Poultry Farm, at about 12.30 AM, his wife woke him up by calling out that some peoples were loading the paddy in the Pick- up bearing vehicle No. CG-10-AA-2815 and his other companions had fled with the vehicle. The complainant along with other peoples followed the pick-up in the motorcycle, the said pick up had loaded with 48 bags of paddy worth of Rs.45,000/-. Upon such act of the applicant along with co-accused persons, the aforesaid ofences have been registered against them. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused person father of applicant namely Sanwal Das Khandekar has already been granted anticipatory bail by this Court in MCRCA No.82/2025 vide order dated 16/01/2025. He would submit that the applicant is stated to have rented his vehicle to the co-accused persons who had taken the paddy which has already been recovered. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground. 3
4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts & circumstances of the case and also the fact that other co-accused person father of the applicant namely Sanwal Das Khandekar has already been granted anticipatory bail by this Court in MCRCA No.82/2025 vide order dated 16/01/2025, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Goutam Kumar Khandekar, on executing a personal bond with 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. (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 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. 4 (e) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE
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