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2025 DAILYLAW 15612 (CHH)

SHARAD MEHAR v. STATE OF CHHATTISGARH

MCRCA/453/2025 · 2025-04-02

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Judgment text

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1 2025:CGHC:15451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 453 of 2025 1 - Sharad Mehar S/o Vedram Mehar Aged About 28 Years R/o Village Reda, The Sarangarh, District Sarangarh - Bilaigarh (C.G.) 2 - Bhawani Shankar Jaiswal S/o Late Neelkanth Jaiswal Aged About 34 Years R/o Ward No. 3, Kushalnagar, Sarangarh, Dist. Sarangarh- Bilaigarh (C.G.) .. Applicants versus State Of Chhattisgarh Through Station House Officer, P.S. Sarangarh Dist. Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicants : Mr. Anchal Matre, Advocate. For Non-applicant/State : Ms. Smitri Shrivastava, Panel Lawyer. For Objector : Mr. Manoj Kumar Jaiswal, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.04.2025 1. The applicants has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.04 10:45:46 +0530 2 Anticipatory Bail, apprehending his arrest in connection with Crime No. 66/2025, registered at Police Station – Sarangarh, District – Sarangarh - Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 296,351(2),115(2),331(6) & 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the Prosecution Story, it is alleged that on 05.02.2025, at approximately 8:30 PM, the applicants, along with other accused individuals, unlawfully entered the residence of the Complainant/Tulsi Ram Jaiswal, armed with a stick & a metal rod, and proceeded to physically assault Girja Shankar Jaiswal. Consequently, an FIR no. 66/2025 was registered against the Applicants & other Co-Accused u/s 296, 351(2), 115(2), 331(6), 191(2), 191(3) of Bharatiya Nyaya Sanhita. The applicant no. 2/Bhawani Shankar Jaiswalo and the victims are dwelling as family in the same premises registered in the name of Co-Accused Madhuri Jaiswal who is the aunt (Chachi) of the present applicant no. 2 and there is a dispute regarding the partition and therefore the entire family had been implicated in the case. Whereas the Applicant no. 1/Sharad Meher is just a friend of Bhawani Shankar who is falsely implicated in the case by the Complainant 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that co-accused person in this case namely Madhuri Jaiswal has already been granted anticipatory bail by this court in MCRCA No. 388 of 2025 passed on 20.03.2025, therefore, on the 3 ground of parity, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel as well as learned counsel for the objector oppose the submission made by the learned counsel for the applicants, therefore, 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 facts and circumstances of the case, nature and gravity of the offence and material on record in the case diary, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants – Sharad Mehar & Bhawani Shankar, involved in No. 66/2025, registered at Police Station – Sarangarh, District – Sarangarh - Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 296,351(2),115(2),331(6) & 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav