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2025 DAILYLAW 14980 (CHH)

SHUBHAM SHRIVASTAV v. STATE OF CHHATTISGARH

MCRCA/432/2025 · 2025-04-02

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:15457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 432 of 2025 Shubham Shrivastav S/o Sunil Shrivastav Aged About 28 Years R/o Chitraon, P.S.- Jaisingh, Tehsil And Dist.- Shahdol (M.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Janakpur, District- Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent For applicant : Shri Sumit Singh, Advocate. For Respondent/State : Ms. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02/04/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.203/2024, registered at Police Station Janakpur, Manendragarh Chirmiri Bharatpur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 115(2), 3(5), 109 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.03 17:59:09 +0530 2 2. Case of the prosecution, in brief, is that on 13.10.2024, the complainant Sunita Gupta had submitted a written report, stating that her son Krishna kumar Gupta, Purshottam Gupta, Ashutosh Gupta, Pushpendra Gupta and several others from the village went from Chitraon to Harchoka river to immerse the Jawa. Further, at around 5 PM, Shubham Shrivastav and Pushpendra Pandey on account of some old enmity abused her son Krishna with obscene words and beat him with a stick because of which he sustained injury below his left eye and Shubham Shrivastav hit him with stick on his left wrist. Upon hearing the screams, Ashutosh Gupta, Pushpendra Gupta and other villagers brought Krishna to Janakpur Hospital. On the above allegation FIR has been lodged against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He would submit that complaint has been filed on account of an old quarrel between the parties. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and she would submit that present applicant and co- accused Pushpendra Pandey on account of some old enmity abused son of complainant Krishna Kumar with obscene words and hit him with a club because of which he sustained injury below his left eye and present applicant hit him with club on his left wrist, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, also considering the fact that the present applicant and co-accused Pushpendra Pandey on account of some old enmity abused son of complainant Krishna Kumar with obscene words and hit him with a club because of which he sustained injury below his left eye and present applicant hit him with club on his left wrist, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Shubham Shrivastav, involved in Crime No.203/2024, registered at Police Station Janakpur, Manendragarh Chirmiri Bharatpur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 115(2), 3(5), 109 of BNS is rejected. Sd/ Sd/- (Ramesh Sinha) Chief Justice gouri