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2025:CGHC:14902
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 425 of 2025 Umendlal Kurrey S/o Mithailal Kurrey Aged About 60 Years R/o Raliya P.S. And Tahsil Masturi, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Masturi, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 27.03.2025
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. 112/2025 registered at Police Station – Masturi, District – Bilaspur (C.G.) for the offence punishable under Sections 221, 296, 109(2), 121, 132, 191(2) (3), 191(4), 125 and 324(4) of the Bharatiya Nyaya Sanhita (BNS). 2. The prosecution story, in brief, is that the Y.M. Mehre Raj Assistant Engineer (SDO) in the ofÏce of the Chief Engineer, Public Health Engineering, Bilaspur lodged a written report stating that after the completion of voting in the first phase of the panchayat election 2025 on RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 17.02.2025, polling ofÏcials at polling booth No. 160, Raliya, were preparing for vote counting at about 9:30 pm at that time former Sarpanch Kishore Bhargav along with other villagers attempted to capture the booth forcibly and entered the polling room. Thereafter, informed to the higher authority and protect to capture. Based upon such complaint, the Police registered the offence against the applicant. 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 persons have already been granted regular bail by this Court vide order dated 12.03.2025 passed in MCRC No. 2048/2025. 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 persons have already been granted regular bail by this Court vide order dated 12.03.2025 passed in MCRC No. 2048/2025, 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
3 event of arrest of the applicant – Umendlal Kurrey 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 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