Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:19404
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 573 of 2025 1 - Deepak Kashyap S/o Har Prasad Kashyap Aged About 20 Years R/o Tifra, P.S. Sirgitti, District- Bilaspur (C.G.) 2 - Rakesh Sahu @ Golu S/o Vijendra Kumar Sahu Aged About 22 Years R/o Tifra, P.S. Sirgitti, District- Bilaspur (C.G.)
... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Sirgitti, District- Bilaspur (C.G.)
... Non-applicant For Applicants : Mr. Anurag pandey, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 29/04/2025
1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 109/2025, registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 115(2), 296, 3(5), 324(4), 326(F), 333, 351(2) of BNS.
2
2. As per the prosecution story, the present applicants and other co-accused person on 07.03.2025 at 7:30 Deepak Kashyap and Rakesh Sahu @ Golu were sitting on the ground and smoking and abusing each other after some argument they entered in the house of non-applicant and destroyed the property of the household.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that only on the basis of the other co-accused person, applicant has been implicated in this case and applicant has no criminal antecedent. He would submit that the police did not take proper enquiry about the incident for registering FIR against the applicant and the applicant has falsely been involved as accused person in this offence based upon the false and baseless allegation, the police has not seized any article from the possession of the applicant. He would submit that there is no eye witness in this case against the applicant Therefore, he prays for grant of anticipatory bail to the present applicant.
4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. He would submit that the applicant along with other accused persons destroyed cooler, fridge and set fire to the motorcycle parked in front of the house of the complainant.
5. I have heard learned counsel for the parties and perused the case diary.
3
6. Considering the nature and gravity of the offence and material on record in the case diary and considering the fact that the applicant along with other accused persons were sitting in the garden behind the house of complainant and abused her after smoking ganja and when she objected to them, the accused entered her house, abused her mother and sister obscenely, threatened to kill her and present applicant beat her with a stick, due to which she got injury in the head and right wrist, when her husband tried to intervene, the co-accused Golu Sahu and present applicant beat her husband, due to which he also got injury and also considering the fact that the applicant along with other accused persons destroyed cooler, fridge and set fire to the motorcycle parked in front of the house of the complainant, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicants– Deepak Kashyap and Rakesh Sahu, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 109/2025, registered at Police Station–Sirgitti District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 115(2), 296, 3(5), 324(4), 326(F), 333, 351(2) of BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali