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2025 DAILYLAW 25359 (CHH)

MUKUL PANDEY v. STATE OF CHHATTISGARH

MCRCA/815/2025 · 2025-06-26

body2025

Judgment text

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1 2025:CGHC:28743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 815 of 2025 Mukul Pandey S/o Shri Ashwani Pandey Aged About 25 Years R/o Bishrampur, P.S. Bishrampur, District Surajpur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Officer Incharge, Police Station Bishrampur, District Surajpur Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Kumar Soni, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 63/2025 registered at Police Station – Bishrampur, District – Surajpur (C.G.) for the offence punishable under Sections 296, 115(2),351(3),109(1),117(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the Prosecution Story on 02.03.2025 between 10:30 and 11:00 PM, the Complainant had gone to Raghunandan Grocery VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 17:56:42 +0530 2 Shop in the Locality with his Friend Deepak to buy Some Goods, when Suddenly Mukul Pandey (Applicant herein) came near the shop with his Friend Ramesh Kujur (Jhirgu) in a Drunken State on his Motor Cycle. Mukul Pandey was Sitting behind on the Motor Cycle & Abused & threatened to Kill the Complainant the Applicant and Ran the Motor Cycle & Injured the Feet/toe Part of the Complainant. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case, the present applicant has 01 criminal antecedents under the IPC in which the applicant has already been acquitted, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant assaulted the complainant due to which the he suffered various injuries, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and material available on record, it has been stated that the injury which was sustained by the injured on his leg is on the non-vital part of the body, further the nature of injury has been stated to be grievous one and the allegation that the applicant had ran over on 3 motorcycle on the leg of the complainant, and thus the offence in question under Section 325 of IPC (Section 117 of the BNS Act 2023 ) further Section 307 (Section 109 of the BNS Act 2023) has been added just to give the color to the present injury, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Mukul Pandey, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav