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2025 DAILYLAW 13761 (CHH)

YASH AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/385/2025 · 2025-03-20

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Judgment text

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1 2025:CGHC:13392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 385 of 2025 1. Yash Agrawal S/o Naresh Kumar Agrawal Aged About 25 Years R/o Ward No. 12, Udiyapara, Saraipali, District- Mahasamund (C.G.) 2. Nakul Agrawal S/o Naresh Kumar Agrawal Aged About 24 Years R/o Ward No. 12, Udiyapara, Saraipali, District- Mahasamund (C.G.) 3. Ayush Agrawal S/o Sushil Kumar Agrawal Aged About 23 Years R/o Ward No. 12, Udiyapara, Saraipali, District- Mahasamund (C.G.) ... Applicants versus State of Chhattisgarh Through- The Station House OfÏcer, Police Station Saraipali, District- Mahasamund (C.G.) ... Non-applicant For Applicants : Mr. Raghvendra Pradhan, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:44 +0530 2 Crime No. 215/2024 registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offences punishable under Sections 74, 115/2, 296, 315 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the accused/applicant resides in Saraipali Utkalpara, where he lives with his family and operates a clothing business. On 04.08.2024, at night, the applicant, along with others, allegedly entered the complainant's home, verbally abused and physically assaulted him and his family members, and also threatened them. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that the other co-accused person, namely, Naresh Agrawal has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1127 of 2024 vide order dated 03.10.2024. Therefore, he submits that the present applicants are also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the co-accused persons, namely, Naresh Agrawal has already been granted anticipatory bail by this Court in MCRCA No. 1127 of 2024 vide order dated 03.10.2024, therefore, I am 3 inclined to grant anticipatory bail to the present applicants on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Yash Agrawal, Nakul Agrawal and Ayush Agrawal on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, she 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 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/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek