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2025 DAILYLAW 15971 (CHH)

MANHARAN MADHUKAR v. STATE OF CHHATTISGARH

MCRCA/493/2025 · 2025-04-09

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Judgment text

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1 2025:CGHC:16687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 493 of 2025 Manharan Madhukar S/o Shri Dwarika Madhukar Aged About 50 Years R/o Village Pachpedi, P.O. Pachpedi, P.S. Pachpedi, Dist. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Pachpedi Dist. Bilaspur (C.G) ... Respondent For applicant : Shri Anway Tiwari, Advocate. For Respondent/State : Mrs. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.10/2025 registered at Police Station – Pachpedi, Dist: Bilaspur (C.G.) for the offences punishable under Sections 115(2), 119(1), 296, 3(5), 351(2) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:37:35 +0530 2 3. Case of the prosecution, in brief, is that the complainant has lodged a complaint in Police Station Pachpedi, in Bilaspur on 12.01.2025 that on 11.01,2025, at around 8.30pm, the complainant visited a paan shop near pachpedi bus stand to buy chips and kurkure. While he was there, four boys approached him. Raju asked the complainant for money to buy alcohol, and when he refused, Raju and his companions alleged abused and threatened him. On the basis of complaint, FIR was registered against the applicant U/s 115(2), 119(1), 296, 3(5), 351(2) of BNS. 4. Learned counsel for the applicant submits that the applicant is innocent and he had not committed the alleged crime. He would further submit that co-accused namely Ritik Madhukar has been granted anticipatory bail by this Court in MCRCA No.308/2025 on 05/03/2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, also considering the fact that co-accused namely Ritik Madhukar has been granted anticipatory bail by this Court in MCRCA No.308/2025 on 05/03/2025 and the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manharan Madhukar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 his 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri