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2025 DAILYLAW 28174 (CHH)

RAMESH TATI v. STATE OF CHHATTISGARH

MCRCA/896/2025 · 2025-06-23

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:27478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 896 of 2025 1 - Ramesh Tati S/o Masa Tati Aged About 32 Years R/o Village Kadenaar Thana Gangalur Distt. Bijapur Chhattisgarh 2 - Mangu Lekam S/o Bande Aged About 40 Years R/o Village Koyaitpal Thana And Distt. Bijapur Chhattisgarh 3 - Mangu Lekam S/o Mindri Aged About 37 Years R/o Village Koyaitpal Thana And Distt. Bijapur Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Aarakshi Kendra Bijapur Distt. Bijapur Chhattisgarh ... Respondent For Applicants : Mr. Vikas A. Shrivastava, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.78/2023 registered at Police Station – Aarakshi Kendra Bijapur, District-Bijapur (C.G.) for the offences punishable under Sections – 295, 435, 506, 34 of IPC. 2 2. As per case of the prosecution, on 03.07.2023 complainant lodged an written complaint to police station Bijapur that he believe in Christian religion and for worship he made an worship place beside his home. That on 02.03.2023 present applicants denied to give him a place in a meeting and also threaten him to not follow the christian Religion and also break and destroy his worship place upon receiving such complaint FIR has been registered against applicants. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the in the instant case FIR has been lodged in the year 2023 and applicants have no knowledge about the same and they have reside peacefully at their village and when the fact of FIR came to knowledge of applicant they preferred this bail application. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the prayer for grant of anticipatory bail and submits that there is no criminal antecedents against the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the FIR has been lodged in the year 2023 against the applicants but no efforts was made by the police to arrest the applicants and charge-sheet has not been filed, investigation is still pending in the present matter and considering the allegation leveled against the applicants therefore, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ramesh Tati, Mangu Lekam, Mangu Lekam 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 applicants 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 her from disclosing such fact to the Court. (b) The applicants 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 her by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 themselves in any offence of similar nature in future. sd/-/- (Ramesh Sinha) Chief Justice vaishali