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2025 DAILYLAW 26351 (CHH)

KURTIWAS BARIK v. STATE OF CHHATTISGARH

MCRCA/869/2025 · 2025-06-16

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Judgment text

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1 2025:CGHC:25047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 869 of 2025 1 - Kurtiwas Barik S/o Chitrasen Barik Aged About 31 Years R/o Village Dumarpali, Thana Rajadeori, Distt. Balodabazar Bhatapara Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Rajadeori, District Balodabazar Bhatapara Chhattisgarh ... Respondent For Applicant : Mr. Sunil Sahu, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 11/2025 registered at Police Station – Rajadeori, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 316(2), 336(2), 336(3), 340(2),318(2), 338 and 3(5) of BNS. 2. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that applicant was working as a peon in the Society was appointed as the Fad Prabhari for purchasing the paddy in Rikokala VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:21 +0530 2 Society on 16.01.2025 before the said date he was not engaged in purchasing of the paddy and as per the norms of the State Government the purchase is started on 14.11.2024 upto 31.01.2025 and total 68,387.60 quantity of paddy was purchased but the same has not been transported from the centre and the co-accused who was as a Branch Manager of the society has been granted regular bail by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the applicant. 3. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 4. I have heard learned counsel for the parties and perused the materials available on record. 5. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, considering the fact that co-accused who was as a Branch Manager of the society has been granted regular bail by this Hon’ble Court in MCRC No.3084 of 2025 vider order dated 15.05.2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kurtiwas Barik on executing a personal bond with 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 3 dissuade him from disclosing such fact to the 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 their adhaar card alongwith a colored 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali