Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1266
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 10 of 2025
1. Ajay Sahu S/o Late Nandkishore Sahu Aged About 34 Years R/o Hasaud, P.S. And Tahsil Hasaud, District Sakti (C.G.)
2. Yash Kumar Sahu S/o Shyamcharan Sahu Aged About 21 Years R/o Village Darou (Giroudhpuri), P.S. Giroudhpuri, District Balodabazar-Bhatapara (Wrongly Mentioned Balodabazar) (C.G.)
3. Ashok Kumar S/o Late Nandkishore Sahu Aged About 34 Years R/o Hasaud, P.S. And Tahsil Hasaud, District Sakti (C.G.)
4. Mangal Kumar Kurana S/o Reshamlal Aged About 38 Years R/o Hasaud, P.S. And Tahsil Hasaud, District Sakti (C.G.)
5. Chingu Ratre @ Devcharan Ratre S/o Lochan Prasad Aged About 39 Years R/o Hasaud, P.S. And Tahsil Hasaud, District Sakti (C.G.)
... Applicants versus State Of Chhattisgarh Through The Station House OfÏcer, P.S. Hasaud, District Sakti (C.G.)
... Non-applicant For Applicant(s) : Mr. Tapan Kumar Chandra, Advocate For Non-applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 08.01.2025
1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicants, who are apprehending their arrest in connection with Crime No.166/2024 registered at Police Station– KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 Hasaud, District- Sakti (C.G.) for the offence punishable under Sections 296, 351(2), 333, 191(2) of the BNS.
2. Prosecution case in brief is that on 14.12.2024, at about 09.00 pm, the present applicants entered the house of the complainant and abused/threatened to kill the complainant Lakeshwar Yadav and his family members, upon such basis, the FIR has registered against the applicants for the aforesaid offences.
3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He further submits that there are some family dispute arose between the complainant and the applicant Nos. 1, 3, 4 and 5. He also submits that the complainant beaten the applicants and false FIR was registered against them. Accordingly, he prays for grant of anticipatory bail to the applicants.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicants and submits that the applicants/accused allegedly broke into the house of the complainant, Lakeshwar Yadav, and hurled filthy languages to his mother and sister, threatening to kill them. As such, they are not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the fact & circumstances of the case, submissions of
learned counsel for the parties and nature of dispute and material available in case diary and further the fact that there are some family dispute arose between the complainant and the applicant Nos. 1, 3, 4 and 5 and further the complainant beaten the applicants and false FIR
3 was registered against them thus, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ajay Sahu, Yash Kumar Sahu, Ashok Kumar, Mangal Kumar Kurana and Chingu Ratre @ Devcharan Ratre, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, 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 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) They shall not involve themselves in any offence of similar nature in future.
Sd/- (Ramesh Sinha) Chief Justice Kunal