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2025 DAILYLAW 23442 (CHH)

LIKESH @ NILESH BANJARE v. STATE OF CHHATTISGARH

MCRCA/770/2025 · 2025-05-21

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Judgment text

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1 2025:CGHC:22299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 770 of 2025 1 - Likesh @ Nilesh Banjare S/o Sheshnarayan Aged About 22 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 2 - David S/o Sheshnarayan Banjare Aged About 26 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 3 - Mukesh Banjare S/o Sheshnarayan Banjare Aged About 28 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 4 - Sheshnarayan S/o Toran Banjare Aged About 45 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 5 - Dheeraj Chaturvedi S/o Manrakhan Prasad Aged About 50 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 6 - Gopeshwar S/o Laxminarayan Aged About 30 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh 7 - Hireshan Banjare S/o Latel Banjare Aged About 40 Years R/o Village Ghutheli, Tahsil Mungeli, Distt. Mungeli, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through, S.H.O. Thana City Kotwali Mungeli, District Mungeli (C.G.) ... Respondent For Applicants : Mr. Awadh Tripathi, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.05.22 18:05:09 +0530 2 Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.83/2025 registered at Police Station- City Kotwali, District - Mungeli (C.G.) for the offences punishable under Sections 191(2), 333, 221, 132 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 08.03.2025, Malti, a relative of Applicants No. 1 to 4 and 7, went to fill out an application form for the Up-Sarpanch election. She got the form from the Presiding Officer. However, the Thakur family stopped her, harassed and humiliated her and the applicants, and even assaulted them. The applicants immediately filed a police report the same day. After investigation, the police registered an FIR against the Thakur family on 10.03.2025. 3. Learned counsel for the applicants submitted that there was a quarrel between the two groups at the police station and the FIR was lodged from the side of the applicants against the complainant and his associates namely Omkar Singh and others and the said persons applied for anticipatory bail vide order dated 09.05.2025 passed in CRA No. 763/2025 and CRA No. 688/2025 which were allowed by the Co- ordinate Bench. Therefore, he prays that the applicants may be granted anticipatory bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record 3 in the case diary, also considering that the complainant of the present case and his associates against whom the FIR was lodged from the applicants side persons have been granted bail by a Co-ordinate Bench vide order dated 09.05.2025 as observed also, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Likesh @ Nilesh Banjare, David , Mukesh Banjare, Sheshnarayan, Dheeraj Chaturvedi, Gopeshwar and Hireshan Banjare on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants and the sureties shall submit a copy of their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice H.Ansari