RAJA BOHIDAR ALIAS SWAYAM BOHIDAR v. STATE OF CHHATTISGARH
MCRCA/542/2025 · 2025-04-21
body2025
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[ 2025 DAILYLAW 16740 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16740 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:17893
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 542 of 2025 Raja Bohidar Alias Swayam Bohidar S/o Drupad Bohidar Aged About 24 Years R/o Village Tamnar, Block Tamnar, District Raigarh Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through P.S. Tamnar, District Raigarh Chhattisgarh.
... Respondent For applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Ms. Monika Thakur, PL. For complainant : Shri Krishna Tandon, Advocate.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21/04/2025
1. Proceedings of this matter have been taken through video conferencing.
2. This second 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.196/2024 registered at Police Station – Tamnar, Distt- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.23 16:24:51 +0530
2 Raigarh(C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 126(2), 3(5), 191(2),112(2) of Bhartiya Nyay Sahinta, 2023.
3. Case of the prosecution, in brief, is that on 22.07.2024 the complainant lodged written complaint stating therein that on 20.07.2024 at around 05:30 P.M the complainant went to the village Tamnar for repairing his mobile in the shop namely Bablu Mobile and when he returned back to his home that time accused namely Raja Bohidar along with other co-accused persons stopped his motorcycle and on the point of knife they took in high school and tied the complainant with rope and assaulted with hand and fist and also wooden stick. Thereafter offence is registered against the Applicant.
4.
Learned counsel for the applicant submits that this is the second anticipatory bail application on behalf of the applicant. The first anticipatory bail application was rejected on the ground that the applicant had criminal antecedents of 10 cases and he had not explained the same. He would submit that now he has explained the criminal antecedents and two cases are pending and rest are decided. He would submit two co-accused persons namely Narendra Kumar Parja has been granted anticipatory bail in MCRCA No.69/2025 on 15/01/2025 and Mahesh Kumar Sidar has been granted anticipatory bail in MCRCA No. 1131/2024 on 3/10/2024. He would further submit that the matter has been compromised between the applicant and the complainant/injured, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3
5. On the other hand, learned State counsel, appearing for the non - applicant/State as also learned counsel for the objector opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the records, it transpires that this is the second anticipatory bail application of the applicant. The first anticipatory bail application was rejected on 31/01/2025 vide MCRCA No. 168/2025 on the ground that the applicant had 10 criminal antecedents and he had not explained the same. This second anticipatory bail application is filed on the ground that the applicant has explained the criminal antecedents and two co-accused persons namely Narendra Kumar Parja has been granted anticipatory bail in MCRCA No.69/2025 on 15/01/2025 and Mahesh Kumar Sidar has been granted anticipatory bail in MCRCA No. 1131/2024 on 3/10/2024 and further matter has been compromised between the applicant and the complainant/injured. Considering the facts, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Raja Bohidar Alias Swayam Bohidar, 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
4 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
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