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2025 DAILYLAW 29595 (CHH)

BARKAT KHAN v. STATE OF CHHATTISGARH

MCRCA/903/2025 · 2025-06-23

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:27472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 903 of 2025 • Barkat Khan S/o Rahmat Khan Aged About 35 Years R/o Village - Jongiya Kaf, New Katni Junction, Police Station - N.K.J. Katni, District - Katni (M.P.) ... Applicant versus • State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Kelhari, District Manendragarh- Chirmiri-Bharatpur (C.G.) ... Respondent For Applicant : Mr. Ramsajivan, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.10/2025, registered at Police Station – Kelhari District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the alleged commission of offence punishable under Sections 318(3) and 308 of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. As per the prosecution story, the present applicant on the pretext of solved the diseased of paralysis of the wife of complainant, had taken Rs.2,32,500/- and when the applicant has not solved the ailment of wife of complainant, the complainant demanded his money, but the applicant refused to return back the said money, therefore, crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that the applicant is Baidraj and treated the patient through Jadi- Buti to the deceased, who was suffering from paralysis and during her treatment, the said patient was died. He also submits that the present applicant is taken the amount for the medicine and also the treatment charge, no excess amount has been taken from the deceased or her family. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicant has no criminal antecedent but looking to the conduct of the applicant, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of 3 dispute and material available in the case diary, it transpires that the applicant as a Baidraj but he has no medical degree/ certificate and treated the patient through Jadi-Buti to the deceased, who was suffering from paralysis and during her treatment, the said patient was died, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the anticipatory bail application of the applicant– Barkat Khan filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in 10/2025, registered at Police Station – Kelhari District – Manendragarh-Chirmiri- Bharatpur (C.G.) for the alleged commission of offence punishable under Sections 318(3) and 308 of BNS, 2023. rejected. sd/- (Ramesh Sinha) Chief Justice vaishali