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2025:CGHC:12898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
357
of 202
5 • Santosh Dahre S/o Kheldas Dahre Aged About 29 Years R/o Village Dhaur Police Station Jamul, District Durg Chhattisgarh.
... Applicant versus • State Of Chhattisgarh Through Police Station Jamul, District Durg Chhattis- garh. ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent-State : Mrs. Supriya Upasane, Govt. Advocate Hon'ble Shri
Ramesh Sinha, Chief Justice
ORDER
ON BOARD
18/03/2025
1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 355/2019 registered at Police Station – Jamul, District Durg (C.G.) for offence punishable under Sections 186, 147, 294, 323, 341, 427, 353, 34 of IPC.
2. Case of prosecution in brief is that on 12.07.2019 at about 08:45 pm in the night near Nandini Chowk, Dhour Chowk in an accident one person died. After which the villagers stopped the ongoing vehicles on the road, blocked the road and set on fire to 05 Hyva vehicles. After which fire brigade CG02-7710 reached the spot. When the fire brigade tried to extinguish the burning vehicles, it was also stopped and was not allowed to extinguish the fire by villagers Bunty, Satyaprakash Banjare, Amitabh Satnami, Jageshwar @ PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 Nandu, Trilochan Banjare, Ashok Mandare, Deepak Meshram, present applicant and 55 other villagers. The villagers thus obstructed the government work and pelted stones upon the government servants and abused them in filthy language and also vandalize the fire brigade, due to which firemen Nagendra Markande, Surendra Deshmukh and Tikendra Sahu suffered injuries over different parts of the body. Thereafter, a written complaint was lodged for the offences as mentioned above.
3.
Learned counsel for applicant submits that applicant is innocent, he has been falsely implicated in the crime. Applicant was not present at the place of incident, he was implicated for commission of alleged offence only on the basis of memorandum statement of co-accused. He stated that earlier at the time of registration of offence, he was not named in the F.I.R., however, his name was brought in the memorandum statement after 5 years. Applicant has never absconded anywhere, he lives with his father and continuously helps his father in agricultural work. Looking to the allegation levelled against the applicant, his arrest is not at all justified. It is also contended that other co- accused persons have already been granted regular bail in MCRC No. 1078/2021 on 01.03.2021, MCRC No. 419/2025 on 27.02.2025 and Ashok Kumar Mandare has been granted bail by this Court in MCRCA No. 342/2025 Hence, he may be granted benefit of anticipatory bail.
4. On the other hand, learned State counsel opposes the submission made by
learned counsel for the applicant and submits that serious allegations have been levelled against applicant and other co-accused persons and looking to the gravity of offence, applicant is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the documents placed on record.
6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for applicant, and also that he has been named in the memorandum statement of
3 / 3 co-accused after about 4 years, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.
7. Accordingly, the instant anticipatory bail application is allowed and it is
directed that in the event of arrest of the applicant –Santosh Dahre 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 along with 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 Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn
Chief Justice