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2025 DAILYLAW 28481 (CHH)

SANTAN PRASAD BHAGAT v. STATE OF CHHATTISGARH

MCRCA/887/2025 · 2025-06-19

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Judgment text

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1 2025:CGHC:26516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 887 of 2025 1 - Santan Prasad Bhagat S/o Sukhnath Bhagat Aged About 64 Years R/o Village Tirsonth P.S. Patthalgaon, District Jashpur Chhattisgarh 2 - Manihar Lakra S/o Kamalsai Lakra Aged About 32 Years R/o Village Tirsonth P.S. Patthalgaon, District Jashpur Chhattisgarh 3 - Vishal Kujur S/o Roopsai Kujur Aged About 25 Years R/o Village Tirsonth P.S. Patthalgaon, District Jashpur Chhattisgarh 4 - Vikram @ Viushram Lakra S/o Chamarsai Lakra Aged About 24 Years R/o Village Tirsonth P.S. Patthalgaon, District Jashpur Chhattisgarh 5 - Heeralal Toppo S/o Nanki Toppo Aged About 47 Years R/o Village Tirsonth P.S. Patthalgaon, District Jashpur Chhattisgarh … Applicants versus 1 - State Of Chhattisgarh Through Police Station Patthalgaon, District Jashpur Chhattisgarh ... Non-applicant For Applicants : Dr. Sudeep Agrawal, Advocate. For Respondent : Mr. Amit Verma, Panel Lawyer. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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. 91/2025 registered at Police Station – Patthalgaon, District Jashpur (C.G.) for the offence punishable under Section 121 (1), 132, 221 & 223 of the B.N.S. 2. The prosecution's case is that the on 29.04.2025, complainant Krihnamurthy Diwan, Tehsildar made a written complaint alleging that in pursuance of the directions issued by the Collector, Jashpur, railway survey work was being done at village Trishoth by the Railway officials and revenue officials including complainant, at that time, the applicant and other villagers came there and started obstructing the railway survey and the applicants grabbed his coller and manhandled him and thereby committed the aforesaid offences. 3. Learned counsel appearing for the applicant would submit that the applicants are innocent and have been falsely implicated in the crime in question. He submits that before carrying out survey, no prior notice were given to the local rustic villagers and the revenue officials behaved arrogantly stating that if their orders are not followed, they will lodge FIR against them. He submits that neither the applicants nor any of the villagers have inflicted any type of injuries upon the revenue officials and they are only sole male earning members of their family, therefore, they may be extended the benefit of anticipatory bail. 3 4. On the other hand, learned State counsel for the non-applicant/State, opposes the bail application. I have heard learned counsel for the parties and perused the case diary. 5. Considering the facts and circumstances of the case and also considering that the applicants are poor rustic villagers and it is stated that railway officials and other revenue officials have not received any injuries in the said incident; further the applicants are permanent resident of Patthalgaon, Jashpur, hence, it seems that there is no possibility of their absconding after grant of anticipatory bail, therefore, without further commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicants. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Santan Prasad Bhagat, Manihar Lakra, Vishal Kujur, Vikram @ Vishram Lakra & Heeralal Toppo on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them 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. 4 (e) They shall not involve themselves in any offence of similar nature in future. 7. Certified copy, as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:22:21 +0530