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2025 DAILYLAW 21149 (CHH)

VIKAS TAMRAKAR v. STATE OF CHHATTISGARH

MCRCA/673/2025 · 2025-05-07

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Judgment text

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1 2025:CGHC:21444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 673 of 2025 1 - Vikas Tamrakar S/o Lt. Suresh Tamrakar Aged About 44 Years Caste- Thathera, At- Vill. Kunkuri, P/s Kunkuri, District Jashpur, C.G. 2 - Omprakash Tamrakar S/o Lt. Suresh Tamrakar Aged About 38 Years Caste- Thathera, At- Vill. Narayanpur, P/s Narayanpur, District Jashpur, C.G ... Applicants versus State Of Chhattisgarh Through Station House Officer P/s Narayanpur, District Jashpur, C.G. ... Respondent For Applicants : Shri Vinay Nagdev, Advocate appears through VC. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08/05/2025 1. The applicants have preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending their arrest in connection with Crime No.43/2025, registered at Police Station Narayanpur, District Jashpur, C.G. for alleged commission of offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of the BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.13 11:09:37 +0530 2 2. Case of the prosecution, in brief, is that a laborer working for the applicants herein lodged a written report on 22.04.2025 at about 2 PM that in the morning of 21.04.2025 at about 7 AM his co-worker Prafull/injured was allegedly abused by both the applicants using obscene language and caste-based slurs, when injured demanded money for working on a borewell rig, the applicants refused and physically assaulted him. Accused/applicant No.2 Om Prakash Tamrakar allegedly stabbed injured with a knife on his back, back side of head and forehead. The applicants/accused persons then fled away from the scene, leaving the injured there. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case. He would submit that from bare perusal of the complaint it is apparent that the actual dispute between the complainant and the applicants was regarding payment. He would submit that perusal of the case diary would also reveal that there is only one serious injury that too on the hip which is a non-vital part of the body which was treated in a span of 2-3 days and was not life threatening in nature. He submits that the applicants are not criminals and have no previous record, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicants that injured was allegedly abused by both the applicants using obscene language and caste-based slurs, when injured demanded money for working on a borewell rig, the applicants refused and physically assaulted him, applicant No.2 Om Prakash Tamrakar allegedly stabbed injured with a knife on his back, back side of head and forehead, thereafter they fled away from the scene, leaving the injured there, considering the nature of allegation which is serious in nature and it needs to be investigated, therefore I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant No.1 - Vikas Tamrakar and applicant No.2 Omprakash Tamrakar , involved in Crime No.43/2025, registered at Police Station Narayanpur, District Jashpur, C.G. for alleged commission of offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of the BNS is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri