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2025 DAILYLAW 16875 (CHH)

LAXMAN PATEL v. STATE OF CHHATTISGARH

MCRCA/516/2025 · 2025-04-15

body2025

Judgment text

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1 2025:CGHC:17246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 516 of 2025 Laxman Patel S/o Ghasiram Patel Aged About 32 Years R/o Village - Gopalpur, Police Station And Tehsil - Baramkela, District Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Baramkela, District Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. T.K. Jha, Advocate. For Non-applicant/State For Objector : : Ms. Smriti Shirvastava, Panel Lawyer. Mr. R.R. Naik, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:48 +0530 2 Crime No.31/2025, registered at Police Station – Baramkela, District – Sarangarh – Bilaigarh (C.G.) for the alleged commission of offence punishable under Section 108 of the Bhartiya Nyaya Sanhita, 2023. 3. According to the prosecution, it is alleged that the wife of the applicant was in illicit relationship with deceased Dashrath patel on account of which the applicant had seen the deceased and his wife in a compromising position and quarrel took place between the applicant and the deceased. It is further alleged that the applicant had committed marpit with the deceased and also harassed him due to which the deceased committed suicide. On the basis of said which the said offence under Section 108 of B.N.S.S. 2023 is registered against him. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that none of the essential elements of the alleged offense are present, and the prosecution's case is entirely baseless and frivolous. He further submits that the allegations against the applicant are solely based on the dying declaration of the deceased, Therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the nature and gravity of the offence and material on record in the case diary, and the fact that the name of the present applicant was mentioned by the deceased in his dying declaration, therefore, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant – Laxman Patel, involved in Crime No. 31/2025, registered at Police Station – Baramkela, District – Sarangarh – Bilaigarh (C.G.) for the alleged commission of offence punishable under Section 108 of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav