Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 12739 (CHH)

MADHURI JAISWAL v. STATE OF CHHATTISGARH

MCRCA/388/2025 · 2025-03-20

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:13390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 388 of 2025 1. Madhuri Jaiswal W/o Late Janakram Jaiswal Aged About 55 Years R/o Vill. Kusalnagar Sarangarh P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.) 2. Champa Jaiswal W/o Late Neelkanth Jaiswal Aged About 55 Years R/o Vill. Kusalnagar Sarangarh P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.) (Details Not Completely In Order Sheet ) ... Applicants versus State of Chhattisgarh Through Station House OfÏcer P.S. Sarangarh District - Sarangarh -Bilaigarh (C.G.) ... Non-applicant For Applicants : Mr. Ashutosh Biswas, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Mr. Manoj Kumar Jaiswal, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 66/2025 registered at Police Station – Sarangarh, District Sarangarh - Bilaigarh ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:45 +0530 2 (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 331(6), 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, it is alleged that on 05.02.2025, at approximately 8:30 pm, the applicants, along with other accused individuals, unlawfully entered the residence of the complainant, Tulsi Ram Jaiswal, armed with a stick and a metal rod, and physically assaulted Girja Shankar Jaiswal. As a result, FIR No. 66/2025 was registered against the applicants and other co-accused under Sections 296, 351(2), 115(2), 331(6), 191(2), and 191(3) of the Bharatiya Nyaya Sanhita. 3. The learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that there is a property dispute between the applicants and the complainant, which led to an altercation between them. As a result, the injured party sustained simple injuries. The main allegation, however, is against the accused, namely Vidyashankar, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel as well as learned counsel appearing for the objector opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, it appears that the injuries of the injured persons were found to be simple in nature, and main allegation is against the accused, namely, Vidyashankar, who assaulted the injured 3 with iron rod, the case of the applicants is distinguished from the case of the accused, namely, Vidyashankar, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Madhuri Jaiswal and, Champa Jaiswal on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants and the sureties shall submit a copy of their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek