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2025 DAILYLAW 29978 (CHH)

RAKESH JAYSWAL v. STATE OF CHHATTISGARH

MCRCA/904/2025 · 2025-06-24

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Judgment text

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1 / 3 2025:CGHC:27790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 904 of 2025 Rakesh Jayswal S/o Shri Mahendra Jayswal Aged About 32 Years R/o Kundrapara, Ward No. 12, Lormi, Distt- Mungeli ( C.G. ). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Kota Distt- Bilaspur ( C.G. ) ...Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 25.06.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 341/2025, registered at Police Station –Kota, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 296,115(2), 351(2),3(5) and 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case in short is that on 14.04.2025 a memo has been sent by the CIMS Bilaspur regarding the injury to Salman Ali and the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.26 17:22:38 +0530 2 / 3 constable went to CIMS and written the Dehati Nalsi, complainant informed that on 13.04.2025 at about 11:00 am Bittu, Rakesh, Jitendra and complainant came to Bilaspur for treatment of Rakesh and at about 8:00pm they have consumed the liquor at Kota where some dispute has been arose and applicant and co-accused has caused the injury by liquor bottle, bricks and left him in the field so the injured went to bricks bhatta and asked help so the 112 vehicle reached and taken him to hospital where his treatment is going on. So on the basis of the said report the offence as mentioned above is registered and thana police sought to arrest the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that on the date of incident applicant came to bilaspur for his own treatment s he received injury on hand and when they were returning to their home complainant and Jitendra sahu have consumed the liquor where some hot talk has been taken place and after causing the injury Jitendra Sahu was run away from the spot but the name of applicant has been roped. He further submits that applicant has received the injury in hand earlier and his hand is fractured therefore there is no chance that he can cause the injury to the injured, 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. She further submits that due to previous enmity, the present applicant assaulted the complainant with a liquor bottle and bricks, inflicting grievous injuries. Therefore, the present is not entitled for grant of anticipatory bail. 3 / 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and the material on record in the case diary, and noting that the injury caused by the applicant to the complainant using a liquor bottle and bricks has been found to be grievous in nature, I am not inclined to grant anticipatory bail to the applicant." 7. Accordingly, the anticipatory bail application of the applicant – Rakesh Jayswal, involved in Crime No. 341/2025, registered at Police Station –Kota, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 296,115(2),351(2),3(5) and 109 of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav