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2025 DAILYLAW 21864 (CHH)

AYUSH JAISWAL v. STATE OF CHHATTISGARH

MCRCA/856/2025 · 2025-06-15

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Judgment text

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1 2025:CGHC:24686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 856 of 2025 1 - Ayush Jaiswal S/o Dilip Jaiswal Aged About 25 Years Occupation - Student, R/o Ramanujnagar, Tejpara Tendua, P.S. - Jainagar, Tehsil - Surajpur, District- Surajpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - District Magistrate, Ambikapur Surguja (C.G.) ... Respondent For Applicant : Ms. Hamida Siddqui, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.41/2025, registered at Police Station – Gandhinagar District – Sarguja (C.G.) for the alleged commission of offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:07 +0530 2 punishable under Sections 115(2), 296, 351(3), 3(5), 109, 190, 191(2) of BNS. 2. As per the prosecution story, in brief is that, on 10/01/2025 Complainant along with his friends Rahul Haldar and Shubham Sarkar were passing near medical college chowk when Vineet Bose, Shivam Mishra and applicant and his companions came together in a car and some other came on a bike and started abusing with iron rods and sharp edge weapons, due to which Complainant and his other friends got injured. The complainant later lodged a complaint, prompting the police to register an FIR on 10/01/2025 under Section 115(2), 296, 351(3), 3(5), 109,190,191(2) of BNS. The applicant now seek anticipatory bail to avoid unjust harassment and arrest. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that allegation levelled against the present applicant is totally false. She further submits that the applicant is having no previous criminal antecedent and other co-accused has already been enlarged on bail by trial Court, the present applicant is not different from co-accused. 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 submits that applicant is having no criminal antecedents but looking to the overt-act applicant is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that the applicant and his companions came together in a car and some other came on a bike and started abusing with iron rods and sharp edge weapons, due to which complainant and his other friends got injured, looking to the injuries which are serious in nature therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the anticipatory bail application of the applicant– Ayush Jaiswal, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved inCrime No.41/2025, registered at Police Station – Gandhinagar District – Sarguja (C.G.) for the alleged commission of offence punishable under Sections 115(2), 296, 351(3), 3(5), 109, 190, 191(2) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali