Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16185
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 477 of 2025 Ajay Banjare S/o Kanhaiya Banjare Aged About 40 Years R/o Village, Bhimaro Ambedkar Nagar, Sarangarh, District Sarangarh-Bilaigarh (C.G.) ...Applicant
versus State Of Chhattisgarh Through The District Magistrate, Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Respondent
For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-Applicant/State : Mr. Sakib Ahmad, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 07.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 103/2025 registered at Police Station –Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 296,126(2),191(2)351(3) & 324(4) of the Bhartiya Nyaya Sanhita, 2023.
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3. The prosecution story in brief is that on 08-03-2025 at about 12.15 PM, the applicant along with other accused persons blocked the road and stopped the complainant namely Nand Kumar Sahu and other persons sitting on his Car and abused them and also threatened to kill them and also distracted their vehicle. Based upon the such complaint, police of police station has registered the offence punishable under section 296,126(2), 191(2)351(3) & 324(4) of the Bhartiya Nyaya Sanhita, 2023. against the applicant.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. He further submits that many of the other co-accused persons of this case have been granted regular bail by the learned Court. Therefore, he prays for grant of anticipatory bail to the applicant.
5. On the other hand, the learned State counsel opposes the anticipatory bail application and submits that one criminal case pending against the applicant, therefore, he is not entitled 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, submissions of
learned counsel for the parties and nature of dispute and material available in case diary and it appears that many other co-accused
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8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ajay Banjare, 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) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) Chief Justice Vaibhav