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2025 DAILYLAW 20367 (CHH)

DEEPAK KUMAR BHARTI v. STATE OF CHHATTISGARH

MCRCA/622/2025 · 2025-05-02

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Judgment text

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1 2025:CGHC:20275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 622 of 2025 1 - Deepak Kumar Bharti S/o Jeetram Aged About 42 Years R/o Village - Gwalindih, Police Station - Sarangarh, District - Sarangarh- Bilaigarh (C.G.) 2 - Radha Bharti W/o Harvansh Bharti Aged About 37 Years R/o Village - Gwalindih, Police Station - Sarangarh, District - Sarangarh- Bilaigarh (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through - P.S. - Sarangarh, District - Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicants : Mr. F.S. Khare, Advocate For State : Mr. Malay Jain. Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/05/2025 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.134/2025, registered at Police Station – Bilaigarh (C.G.), District – Sarangarh-Bialigarh (C.G.) for the alleged VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:35:23 +0530 2 commission of offence punishable under Sections 296, 351(2), 115(2), 333& 3(5) of BNS 2023. 2. As per the prosecution story, the complainant lodged a report at police Station Sarangarh that on 25.03.2025 the accused Deepak Kumar Bharti entered into the house having iron rod and after abusing, assaulted the brother-in-law (Jeth) on his head and when the brother-in-law (Devar and Jeth) and father- in-law reached the house then the accused Deepak Bharti, his father, accused Jeetram Bharti, accused Bhavesh Bharti and Woman of their house also committed “Marpit” and assaulted by rod and Lathi and Danda. Due to assault the father in law of complainant received injuries on head, on the basis of report the police registered the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that co-accused has lodged the report against them, then they lodged the false report against the present applicants and other co- accused persons. He also submits that the complainant party have assaulted to take the revenge as the accused persons have not helped the complainant party and as such the complainant party lost the election of Sarpanch and Up-sarpanch and applicants have no previous criminal antecedent. 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 and 3 submits that looking to the aforesaid offences, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that there is two injuries on head of the father-in-law and brother-in- law of the complainant, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants– Deepak Kumar Bharti and Radha Bharti, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.134/2025, registered at Police Station–Sarangarh- Bialigarh District – Sarangarh- Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 296, 351(2), 115(2), 333 & 3(5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali