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2025 DAILYLAW 13362 (CHH)

NIRAKAR PRADHAN v. STATE OF CHHATTISGARH

MCRCA/382/2025 · 2025-03-19

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1 2025:CGHC:13139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 382 of 2025 Nirakar Pradhan S/o Dasrathi Pradhan Aged About 36 Years R/o Village Jadamuda P.S. Basna District - Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Basna, District – Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 56/2024 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Sections 120-B, 420, 467, 468, 471/34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that a complaint has been made by the Nodal OfÏcer alleging their in that in Area of the agricultural land of the applicant who is farmer has been increased by revenue authorities and for which the co-operative society has purchased the paddy and thereby RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 provided the benefit of the enhanced paddy to the applicant and two other farmers and thereby committed the aforesaid offence. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused person has been granted bail by this Court vide order dated 25.02.2025 passed in MCRCA No. 275/2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused person has been granted bail by this Court vide order dated 25.02.2025 passed in MCRCA No. 275/2025, 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 MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nirakar Pradhan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 3 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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar