Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21433
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 674 of 2025 1 - Shri Rajkumar Keshwani S/o Shri Chandra Kumar Aged About 49 Years 2 - Shri Anurag Keshwani S/o Shri Rajkumar Keshwani Aged About 21 Years Both applicants No.1 and 2 R/o Samnapur, Police Station Samnapur, District Dindori, Madhya Pradesh
... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali, Mungeli, District Mungeli, Chhattisgarh
... Respondent For Applicants : Shri Pranjal Agrawal and Shri Shirsh Agrawal, Advocates. For Respondent/State : Shri Hariom Rai, PL. For objector : Shri Sajal Gupta, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 08/05/2025
1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.09 18:52:47 +0530
2 with Crime No.383/2024 registered at Police Station City Kotwali, Mungeli, District Mungeli, Chhattisgarh for the offence punishable under Sections 118(1), 61(2) and 109(1) of the Bhartiya Nyay Sanhita,
2023.
2. Prosecution case in brief is that complainant on 04.10.2024 made a complaint before the police station stating that at around 8.10 am she and her sister-in-law Smt. Poonam Rupwani were going in her two wheeler was going to home and near the lane of ARC School there was a pit due to which her sister-in-law who was sitting beside the complainant, got down of the two wheeler and thereafter one person who was wearing a blue T-shirt, healthy built and he had covered his face with cloth has attacked the complainant with some sharp object near her neck and thereafter ran away from that place.
3. Learned counsel for the applicants would submit that the applicants were not named in the FIR and it is stated that name of the applicants came into light in the memorandum statement of co-accused Dilip Relvani who has stated that he was given Rs.5 lakhs by the applicant No.1 for assaulting the injured and there is no allegation against applicant No.2. He would submit that the applicants have never been involved in any criminal or preventive proceedings by any police station in India. Hence he prays for grant of anticipatory bail to the applicants.
4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and he would submit that co-accused Dilip Relvani has committed the act and in his memorandum statement he has stated that he was given Rs.5 lakhs by the applicant No.1 for assaulting the injured and there is no allegation against applicant No.2.
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5. Learned counsel for the objector also opposes the prayer for grant of anticipatory bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties and nature of dispute and material available in case diary and considering the fact that name of the applicants came into light in the memorandum statement of co-accused Dilip Relvani who has stated that he was given Rs.5 lakhs by the applicant No.1 for assaulting the injured and there is no allegation against applicant No.2, considering the nature of allegation against the applicant No.1 who is stated to have given ransom for assaulting the injured, I am not inclined to grant anticipatory bail to applicant No.1.
8. Accordingly, the anticipatory bail application of the applicant No.1- Shri Rajkumar Keshwani, involved in Crime No.383/2024 registered at Police Station City Kotwali, Mungeli, District Mungeli, Chhattisgarh for the offence punishable under Sections 118(1), 61(2) and 109(1) of the Bhartiya Nyay Sanhita, 2023, is rejected.
9. So far as the case of applicant No.2 is concerned, there is no allegation against applicant No.2, as such, this Court finds it appropriate to grant anticipatory bail to the applicant No.2.
10. Accordingly, the instant MCRCA, so far as it relates to applicant No.2 Shri Anurag Keshwani is concerned, the same is allowed and it is directed that in the event of arrest of applicant No.2 Shri Anurag Keshwani, on his executing a personal bond with one surety in the like
4 sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant No.2 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 No.2 shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant No.2 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 No.2 and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant No.2 shall not involve himself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri