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2025 DAILYLAW 30442 (CHH)

DHANESH @ CHHOTU PANDEY v. STATE OF CHHATTISGARH

MCRCA/914/2025 · 2025-06-25

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Judgment text

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1 2025:CGHC:28152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 914 of 2025 Dhanesh @ Chhotu Pandey S/o Anil Pandey Aged About 35 Years R/o Shiv Chowk, Katiyapara, Ps City Kotwali, Tahsil And District Bilaspur (C.G.) ... applicant versus State Of Chhattisgarh Through Sho City Kotwali, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Saleem Kazi, Advocate For Res./State : Ms. Monika Singh, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 26/06/2025 1. The applicant has preferred this first application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 280 of 2025, registered at Police Station Through Police Station City Kotwali, District- Bilaspur (CG), for alleged commission of offence punishable under Sections 303(2), 317(2), 3(5) of BNS. 2 2. According to the prosecution's story, the complainant namely- Prem Manikpuri came to City Kotwali Police Station on 23.05.2025 and lodged a complaint that Exide make battery from his transport vehicle Swaraj Mazda registration number CG-10/BN-6462 was stolen in the intervening night of 17.05.2025 and 18.05.2025. When he got up, he found that the battery was missing. He tried to found the same everywhere but to no avail. On the basis of the said complaint, the police registered the aforesaid crime. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would also submit that the present applicant is a scrap material dealer and the police constantly harass the scrap dealers, implicate them in false cases to extort money. He would also submit that the co-accused has been granted regular bail in the offence in question. He would further submit that investigation is going on and it is likely to take some time, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature of allegation levelled against the present applicant and also considering the fact that prima facie involvement of the present applicant in the incident is shown as it reflects from the order of the learned trial Court wherein it has been observed in his finding that one co-accused Deepak Sahu @ Anna stated in his 3 memorandum statement that he bought the stolen battery from the present applicant when he asked him to buy the same from him, therefore, the matter needs to be investigated thoroughly / properly, therefore, in these circumstances, I am not inclined to entertain the instant anticipatory bail application at this stage. 7. Accordingly, the anticipatory bail of the applicant –Dhanesh @ Chhotu Pandey involved in Crime No. 280 of 2025, registered at Police Station Through Police Station City Kotwali, District- Bilaspur (CG), for alleged commission of offence punishable under Sections 303(2), 317(2), 3(5) of BNS, is rejected. S Sd/- (Ramesh Sinha) Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.01 11:58:59 +0530