Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11202
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 322 of 2025
1. Samir Shukla S/o Shri Agni Kumar Shukla Aged About 42 Years R/o Balodabazar, P.S. - City Kotwali, Balodabazar, District - Balodabazar Bhatapara Chhattisgarh
... Applicant versus
1. State Of Chhattisgarh Through P.S. - City Kotwali, Balodabazar, District - Balodabazar Bhatapara Chhattisgarh
... Non-applicant For Applicant : Mr. Dhirendra Pandey, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General 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.260/2024 registered at Police Station City Kotwali, Balodabazar District Balodabazar Bhatapara (C.G.) for the offence punishable under NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 11:23:35 +0530
2 Sections 384, 389, 212, 201, 34 of the Indian Penal Code. 2. Case of prosecution, in brief, is that the complaiannt lodged complaint in concerned police station mentioning that the applicant along with co-accused persons have extorted money from the minior victim by putting her under rape threat. Based on said complaint, the instant crime is registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that initially the name of applicant was not mentioned in FIR, however, on the basis of supplementary statement recorded after six months, the applicant has been arrayed as an accused. There is no criminal antecdent against the applicant. Co-accused Amit Tiwari has been granted anticipatory bail by Hon’ble Supreme Court and subsequent thereto trial Court has also released him on anticipatory bail. 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. 3
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 offence, there is no criminal antecedent against the applicant and co-accused Amit Tiwari was granted anticipatory bail firstly by Hon’ble Supreme Court and thereafter by trial Court, without commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7.
Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of applicant – Samit Shukla, 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. Certified copy as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE nisha