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2025 DAILYLAW 19097 (CHH)

SANJAY KUMAR YADAV v. STATE OF CHHATTISGARH

MCRCA/569/2025 · 2025-04-24

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Judgment text

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1 2025:CGHC:18584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 569 of 2025 • Sanjay Kumar Yadav S/o Santosh Kumar Yadav Aged About 34 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 Applicant : Mr. Siddharth Tiwari, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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. 97/2025 registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 333, 296, 115(2), 191 of BNS. 2. The prosecution story, in brief, is that on 15.03.2025, applicant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:47 +0530 2 came in front of her house 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 on 23.03.2025 before the police Chowki, Jevra-Sirsa, Police Station – Pulgaon and for which the present FIR was registered. Hence, this application. 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. It is submitted by learned counsel for the applicant is that the complainant’s husband and the applicant’s father Mr. Santosh yadav contested against each other in the Panchayat Election 2025 and the applicant’s father won the election and the present FIR is a direct counter blast of the said loss of the complainant’s husband. He also submits that co-accused Santosh Yadav has been granted anticipatory bail by this Hon’ble Court on 11.04.2025 in MCRCA 500/2025. 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 the applicant is having one previous criminal antecedent therefore, he 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. 3 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 it transpires that co-accused Santosh Yadav has been granted anticipatory bail by this Hon’ble Court on 11.04.2025 in MCRCA 500/2025, 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 – Sanjay Kumar Yadav 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali