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2025 DAILYLAW 27988 (CHH)

SUKANYA JETHWANT v. STATE OF CHHATTISGARH

MCRCA/906/2025 · 2025-06-24

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Judgment text

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1 / 3 2025:CGHC:27788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 906 of 2025 Sukanya Jethwant D/o Late Bhuneshwar Prasad Jethwant Aged About 58 Years R/o Vidiya Nagar, Near Kalibadi, Raipur, Dist. Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station City Kotwali, Dist. Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ankur Agrawal, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Ms. Priyank Rai, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 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. 04/2025 registered at Police Station – City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 109(2), 115(2), 117(2), 296, 351(2) of BNSS and Section 25 & 27 of Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.25 19:50:22 +0530 2 / 3 2. The case in brief is that, on an application filed under section 175(3) of BNSS (156(3) of CRPC) before the JMFC, Raipur C.G. and averments therein that the applicant along with other accused who are the brother and sister of the complainant has trespassed in the house of the complainant and assaulted him and his wife and abused him, and on calling the report from the police and directed to register the FIR and based on which the instant offences registered against the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the complaint has usurp the amount deposited in the post officer and other accounts of the applicant and elder brother for which complaint has been made by the applicant and in order to save him the complaint has made the false complaint against the applicant. He further submits that applicant has no any previous criminal record. Therefore, he prays for grant of anticipatory bail to the present 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 husband of the complainant by which he received grievous head injuries, therefore, he is not entitled to grant of anticipatory bail. 5. Learned counsel for the objector opposes the anticipatory bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and 3 / 3 material available in the case diary, it appears that there is some dispute by which physical altercation arose between the parties in which the injured person received injuries, which is found to be simple in nature and co-accused in this case has already been granted bail, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Sukanya Jethwant, 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