Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 470 of 2025 • Udayshankar Mishra S/o L.P. Mishra Aged About 60 Years R/o Aamner, Hanuman Chowk, Police Station Abhanpur, District Raipur Chhattisgarh
... Applicant versus • State of Chhattisgarh Through, Station House Officer, Aamanaka, Distt. Raipur Chhattisgarh
... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate For Non- applicant/State : Mr. U.K.S. Chandel, Dy. A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2025
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.432/2024 registered at Police Station – Amanaka, District – Raipur (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340 & 3(5) of BNS. 2. 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 there are no previous criminal
2 antecedents of the present applicant and the present case has also been registered against him only on the basis of suspicion. He also submits that there is no evidence available on record which shows the involvement of the present applicant in the alleged commission of offence. He also submits that the other co-accused namely Rakesh Kansari has been granted bail by this Court vide order dated 27.03.2025 in MCRC No. 2454 of 2025 Therefore, he prays for grant of anticipatory bail to the applicant. 3. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed applicant is not entitled for grant of anticipatory bail in this case. 4. I have heard learned counsel for the parties and perused the materials available on record. 5. 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 present applicant has no previous criminal antecedents, charge-sheet has been filed and other co-accused has already been granted bail by this Court vide order dated 27.03.2025 in MCRC No. 2454 of 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. 6.
6. Accordingly, the instant MCRCA is allowed and it is directed
3 that in the event of arrest of the applicant – Mr. Udayshankar Mishra on executing a personal bond with 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 her 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 her 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 himself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice vaishali
VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.09 15:55:12 +0530