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2025 DAILYLAW 23239 (CHH)

YASHWANT YADAV v. STATE OF CHHATTISGARH

MCRCA/756/2025 · 2025-06-11

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1 2025:CGHC:23560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 756 of 2025 Yashwant Yadav S/o Goverdhan Yadav Aged About 21 Years Caste Rawat, R/o Village Murlidih, Tahsil Bhothiya, P.S., Jaijaipur, District Sakti Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S., Jaijaipur, District Sakti Chhattisgarh. ... Non-Applicant For Applicant : Mr. Jai Dewangan, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.06 .202 5 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Second Anticipatory Bail, apprehending his arrest in connection with Crime No. 262/2024 registered at Police Station Jaijaipur, District Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), 115(2) of Bharatiya Nyaya Sanhita. 2. The earlier anticipatory bail application of the applicant has been rejected by this Court in MCRCA No. 184 of 2025 vide order dated 04.02.2025 on merits. 3. Prosecution case in brief is that on 25.12.2024, the applicant/accused and other co-accused were digging the ground in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 front of the house of complainant Dhaneshwar Sahu using tools like Gainti, Rampa, Sabal, Tangi, and Katta. When the complainant informed his brother Ashwani Sahu, Ram Avtar, father Ram Dulari Sahu, mother Rajkumari, and sister-in-law Khushboo Sahu, they came out of the house and confronted the accused. The accused allegedly hurled obscene abuses at Ashwani Sahu, also gave them life threats. The accused also physically assaulted Ashwani Sahu, his father, and his sister-in-law, causing them injuries. The investigation is ongoing based on the complaint filed by Dhaneshwar Sahu, thereafter, the alleged offence has been registered against the applicant. 4. Learned counsel for the applicant would submit that the applicant is innocent and have been falsely been implicated in the present case. He would further submit that both the parties are of same village, on account of previous animosity of applicant and other co-accused with the complainant a dispute arose between them regarding digging land, but the applicant and other co-accused have never assaulted the injured person. He would also submit that the injury received by the injured is caused by main accused not by the present applicant, which is also simple in nature, only on the basis of mere suspicion, present applicant has been made an accused in the case, hence he prays for grant of anticipatory bail to the applicant. 5. Learned State counsel has opposed the prayer for grant of anticipatory bail. He further submits that the present applicant who is the main accused, on account of some dispute regarding digging 3 land had assaulted the injured with sharp edged weapon, due to which, injured received grievous head injuries, whereas other co- accused persons have accompanied him, therefore, the present applicant is not entitled 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 the fact that this is the second anticipatory bail application and the earlier anticipatory bail application of the applicant has been rejected by this Court in MCRCA No. 184 of 2025 vide order dated 04.02.2025 on the ground that the main allegation is against the present applicant, namely, Yashwant Yadav, who had assaulted the injured, namely, Ashwani Sahu with sharp edged weapon, due to which, injured received grievous head injuries, as such, I am not inclined to grant second anticipatory bail to applicant. Accordingly, the second anticipatory bail application of the applicant - Yashwant Yadav, involved in Crime No. 262/2024 registered at Police Station Jaijaipur, District Sakti (C.G.) for the offence punishable under Sections 296, 191(2), 117(2), 118(1), 118(2), 351(2), 115(2) of of BNS, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan