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2025 DAILYLAW 26301 (CHH)

GOLU @ NOHAR RATRE v. STATE OF CHHATTISGARH

MCRCA/882/2025 · 2025-06-18

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Judgment text

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1 2025:CGHC:25963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 882 of 2025 Golu @ Nohar Ratre, Aged About 39 Years, S/o Late Ganesh Ratre R/o- Indira Colony, Mandir Hasaud P.S. Mandir Hasaud, District- Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Mandir Hasaud, District Raipur (C.G.) ... Respondent For Applicant : Shri Mayank Chandrakar, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/06/2025 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.152/2025 registered at Police Station – Mandir Hasaud, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.20 16:21:34 +0530 2 District Raipur (C.G.) for the offences punishable under Sections 287 of B.N.S. & Section 3 & 7 of Essential Commodities Act. 2. Case of the prosecution, in brief, is that the present applicant has been found in illegal storage of highly inflammable liquids like petrol (33 drums ie. 6600 liters) and ethanol (7 drums ie. 1400 liters) in a large quantity in his godown which is not safe. On this point the investigation is still going on. Present applicant is being an elected public representative of the society doing these criminal acts with the help of others since indefinite time. That on the basis of information received P.S. Mandir Hasaud has registered an FIR as crime no. 152/2025 against the applicant for aforementioned offences. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the ingredients of the offences punishable under Section 287 of B.N.S. & Section 3 & 7 of Essential Commodities Act is missing in the instant case as there is no involvement of the present applicant. He would submit that the said premises where the inflammable petrol and Ethanol has been recovered, though belongs to the applicant but said place has been given on rent to one Amit Singh Rajput who is also resident of Mandir Hasaud since 2023 and which has been extended till November 2025. He would further submit that the learned trial court failed to appreciate that the present applicant is a public 3 representative and the complaint was made to assassinate the character and tarnish the image of the applicant. He would submit that the applicant is a permanent resident of the address shown in the cause title and there is no possibility of his absconding or tampering with prosecution evidence. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicant and the fact that investigation is still going on, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Golu @ Nohar Ratre, 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) The applicant 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 4 Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri