Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:19398
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 597 of 2025 Birbal Yadav S/o Nandjhrokha Yadav Aged About 38 Years R/o Village - Dandesara, Chowki Jevara-Sirsa, Police Station - Pulgaon, Tehsil And District - Durg, Chhattisgarh.
--- Applicant versus State of Chhattisgarh Through Police Station Pulgaon, District – Durg, Chhattisgarh.
--- Non-applicant MCRCA No. 598 of 2025 Kuldeep Yadav S/o Aatma Ram Yadav Aged About 32 Years R/o Village- Dandesara, Chowki Jevara-Sirsa, Police Station- Pulgaon, Tehsil And District- Durg, Chhattisgarh.
---Applicant Versus State of Chhattisgarh Through Police Station Pulgaon, District – Durg, Chhattisgarh.
--- Non-applicant MCRCA No. 599 of 2025 Hardev Lal Yadu S/o Brijlal Yadu Aged About 51 Years R/o Village Dandesara Chowki Jevara-Sirsa Police Station Pulgaon Tehsil And District - Durg Chhattisgarh.
---Applicant Versus State of Chhattisgarh Through Police Station Pulgaon, District – Durg, Chhattisgarh.
... Non-applicant For Applicants : Mr. Siddharth Tiwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 29.04.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 are apprehending their arrest in connection with Crime No. 97/2025 registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 333, 296, 115(2) and 191 of the Bharatiya Nyaya Sanhita (BNS).
2. The prosecution story, in brief, is that the applicants on 15.03.2025 came in front of the house of the complainant and started abusing Nemu Yadav who was playing in front of her house, and thereafter, the applicant entered her house and started abusing and assaulting her son Rakesh Yadav and when she tried to stop, the applicant also slapped her, for the said incident, the complainant filed a written complaint before the Police Station concerned and for which the FIR was registered. Hence, this application.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. It is submitted that the co-accused person namely, Santosh Yadav has been granted anticipatory bail by this Court vide order dated 11.04.2025 passed in MCRCA No. 500/2025. Therefore, he prays for grant of anticipatory bail.
4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are 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 and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the co-accused person namely, Santosh Yadav has been granted anticipatory bail by this Court vide order dated
3 11.04.2025 passed in MCRCA No. 500/2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are 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 applicants – Birbal Yadav, Kuldeep Yadav and Hardev Lal Yadu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar