Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 16968 (CHH)

JITENDRA SAHU v. STATE OF CHHATTISGARH

MCRCA/498/2025 · 2025-04-09

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:16683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 498 of 2025 • Jitendra Sahu S/o Shatruhan Sahu Aged About 32 Years R/o Village- Teli Mohtara, P.S.- Lalpur, District- Mungeli (C.G.) ... Applicant versus • State of Chhattisgarh Through, Station House Officer Lormi District- Mungeli (C.G.) ... Non-applicant For Applicant : Mr. Harish Lall, Advocate For Non- applicant/State : Mr. Malaly Jain. Panel Lawyer For complainant Mr. Virendra Kashyap, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2025 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. 131/2025 registered at Police Station – Lormi, District – Mungeli (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 3(5) of the BNS. 2. The prosecution story, in brief, is that the complainant has lodged a report at police Station Lormi against the applicant with the allegation that, on 21/03/2025 at around 6 p.m., he 2 went to Dr. Dhanendra Dhritesh's government quarter on his call, as soon as he entered, Dhansingh Dahariya, Rakesh Jaiswal, Ajay Yadav, Jitendra Sahu, all in unison, hurled abuses at his mother and sister and threatened to kill him and beat him with belt, fist and rod. Due to the quarrel between them, the Rs.10,000/- that he had in his pocket is missing, it must have fallen there or someone must have taken it out. Hence, this appeal. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. On 15/09/2024, the complainant called the applicant on the phone had threatened him to falsely implicate him in the Atrocity matter, and the written complaint of the said incident was made by the applicant in the police station. He also submits that the applicant is the one who has been beaten up by the complainant and the written complainant of such incident was lodged by the brother of the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that as per case diary applicant has two previous criminal antecedents, therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature 3 and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that injuries received by the injured are simple in nature, 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. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jitendra Sahu 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 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 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 8. vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 13:41:28 +0530