Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19132
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 537 of 2025 Ritesh Yadav S/o Bahoran Yadav Aged About 19 Years R/o Maharana Pratap Nagar, Tahsil And District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Sirgitti, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Rahul Goswami, Advocate. For Respondent/State : Shri Hariom Rai, PL.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 28/04/2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.109/2025, registered at Police Station Sirgitti Bilaspur District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 115 (2), 296, 324 (4), 326 (F), 333, 351(2), 3(5) of Bhartiya Nyaya Sanhita.
2. Case of the prosecution, in brief, is that the complainant lodged a report to the concerned police station Sirgtti, in which she wrote that on 07/03/2025 at around 7.30pm she was at her home. At that time Dau GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:08:43 +0530
2 alias Ritesh Yadav, Deepak Kashyap and Golu Sahu were sitting in the garden behind her house and abusing her after smoking ganja. When she objected to them, the accused entered her house, abused her mother and sister obscenely, threatened to kill her and Dau alias Ritesh beat her with a stick, due to which she got injury in the head and right wrist. When her husband tried to intervene, the accused Golu Sahu and Ritesh Yadav beat her husband, due to which he also got injured. After that, the accused vandalized the cooler, fridge and set fire to the motorcycle number CG 08 F 6425 parked in front of her house, due to which the said vehicle was burnt. On the complaint of complainant a case has been registered under the said crime number and sections against the applicant/accused and other accused and investigation is being carried out.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. 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 to enlarge the applicant on anticipatory bail.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 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.
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5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, 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 applicant - Ritesh Yadav, involved in Crime No.109/2025, registered at Police Station Sirgitti Bilaspur District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 115 (2), 296, 324 (4), 326 (F), 333, 351(2), 3(5) of Bhartiya Nyaya Sanhita is rejected.
SS Sd/- d/-Sd S (Ramesh Sinha)
Chief Justice gouri