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2025 DAILYLAW 26394 (CHH)

RAJESH JAISWAL v. STATE OF CHHATTISGARH

MCRCA/871/2025 · 2025-06-16

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Judgment text

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1 2025:CGHC:25046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 871 of 2025 1 - Rajesh Jaiswal S/o. Late Ramjhul Jaiswal Aged About 54 Years R/o. Sakin Dindayal Colony, L.I.G. 221, Mangla, Police Station - Civil Line, Dist. Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Civil Line, Dist. Bilaspur (C.G.) ... Respondent For Applicant : Mr. Amit Kumar, Advocate For Respondent : Ms. Ankita Shukla, 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. 571/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 326(g), 327(2) of BNS. 2. As per the prosecution story in brief is that on 22.05.2025 at about 00:45 AM Car No. CG4KP9197, applicant burned the car of the complainant which was park in front of the complainant house therefore the complainant lodged an FIR against the applicant. 3. It has been argued by the learned counsel for the applicant that the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:20 +0530 2 applicant is innocent and has been falsely implicated in this case. It is submitted that the dispute was between the complainant and applicant is that the complainant is tenant of the applicant and she not paid rent amount since last 2 years and she also not pay electricity bill and due to demand of the rent amount the complainant threaten to the applicant in the false fabricated charges and there is no evidence against the present applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. 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. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, considering the fact he complainant is tenant of the applicant and she not paid rent amount since last 2 years and she also not pay electricity bill and due to demand of the rent amount the complainant threaten to the applicant in the false fabricated charges, 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. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Jaiswal 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 3 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) 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 themself in any offence of similar nature in future. sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali