Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22088
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 740 of 2025 1 - Govinda Baiga S/o Ram Avtar Aged About 27 Years R/o Shyam Nagar Rajgamar, Chowki - Rajgamar, P.S. - Balko Nagar, Tahsil And District - Korba (C.G.)
... applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Chowki - Rajgamar, P.S. - Balko Nagar, District - Korba (C.G.)
... non-applicant For applicant : Mr. Wasim Miyan, Advocate For non-applicant : Dr. Sourabh Pandey, Dy. A.G. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 15.05.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 10/2025 registered at Police Station – Chowki Rajgamar, P.S. Balko Nagar, Dist- Korba (C.G.) for the offence punishable under Section 132, 121 (1), 296, 115(2), 351(2), 3(5) of Bhartiya Nyay Sanhita (BNS). SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.15 17:19:40 +0530
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2. As per the prosecution's story, in brief, a written report was made by the complainant Chandan Yadav with the averment that on 01.01.2025 at about 9.50 PM some persons sitting near wine shop of Rajgamar and consuming liquor and abusing and when he stopped them to do so, the present applicant and co accused persons have abused him and assaulted him by way of hand and fist and knife and he received injuries over his body and on the basis of written report No. 10/2025 registered at Police Station Chowki Rajgamar, P.S.-Balco Nagar, Distt. Korba (C.G.) for an alleged offence punishable Under Section 132,121(1), 296, 115(2), 351(2), 3(5) of B.N.S. and police personal sought to arrest the applicant and co accused persons. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the complainant himself was in drunken condition on the date of incident and due to the said reason only hot talk and scuffle took place between the parties. The present applicant has no previous criminal antecedents and he has not involved in any other case, therefore, he prays for grant of anticipatory bail to the applicant. 4.
On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the complainant is the Police Constable and the present applicant after consuming liquor, abusing him and assaulted him by way of hand and fist, therefore, the present applicant is not entitled 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, and particularly the fact that the present applicant has assaulted the complainant who is a Police Constable by hand and fist, without further commenting anything on merits, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Govinda Baiga, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 10/2025 registered at Police Station – Chowki Rajgamar, P.S. Balko Nagar, Dist- Korba (C.G.) for the offence punishable under Section 132, 121 (1), 296, 115(2), 351(2), 3(5) of Bhartiya Nyay Sanhita (BNS) is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE sagrika