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2025 DAILYLAW 30546 (CHH)

ANUJ KUMAR SINGH v. STATE OF CHHATTISGARH

MCRCA/926/2025 · 2025-06-26

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:28789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 926 of 2025 1 - Anuj Kumar Singh S/o Rajesh Singh Aged About 20 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) (Name Wrongly Mentioned In Annexure A- 1) 2 - Ramkumar Singh S/o Satan Singh Aged About 40 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 3 - Naresh Singh S/o Matan Singh Aged About 41 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 4 - Uday Singh S/o Satan Singh Aged About 56 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 5 - Umesh Singh S/o Satan Singh Aged About 34 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 6 - Anita Singh W/o Naresh Singh Aged About 43 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 7 - Kamla Singh W/o Rajesh Singh Aged About 30 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) 8 - Rajpati Singh W/o Udai Singh Aged About 50 Years R/o Village Jamvantpur Police Outpost Tatapani P.S. Ramanujganj District - Ramanujganj (C.G.) ... Applicants RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 versus State of Chhattisgarh Through Station In Charge Police Outpost Tatapani P.S. Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Non-applicant For Applicant : Ms. Soniya Kuldeep, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 212/2024 registered at Police Outpost Tatapani P.S. Ramanujganj District - Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 191(2), 191(3), 296, 190, 351(1), 115(2), 118(1), 118(2), 332(b) and 109 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that the complainant, Alam Aara, lodged an FIR alleging that on 31.11.2024 at around 12:00 noon, Satan Khairwar, Matan Khairwar, Umesh Khairwar, Anuj Khairwar, along with 8–10 other men and women, forcefully entered her house and assaulted her and her family members using fists, wooden sticks, a spade, bricks, and stones. They also threatened to kill her and her family. The police at the concerned outpost registered the case as Crime No. 212/2024, and after due 3 investigation, filed the charge sheet against the applicants, showing them as absconding. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the present case due to a long-standing property boundary dispute between the parties, which has persisted for over 10 years. She further argued that the applicants have no active role in the alleged offence, and the FIR has been registered against them with malafide intentions by concealing the true facts. In fact, it was the complainant and her family who assaulted the applicants’ family members, for which a counter FIR has been registered as Crime No. 213/2024. There is no substantial material on record to connect the applicant with the alleged offences. She further submits that the injuries sustained by the complainant’s side, although including fractures, are simple in nature and not dangerous to life. The applicants have been implicated solely because they are the son and daughter of the other co-accused persons, who have already been granted regular bail by this Hon’ble Court in MCRC No. 777/2025 vide order dated 06.03.2025. Hence, she prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the injuries sustained are simple in nature and not dangerous to life, the long-standing property dispute between the parties, the existence of a counter FIR registered by the applicants’ side, and further taking into account that applicants have been implicated because they are the son and daughter of the other co-accused persons, who have already been granted regular bail by this Hon’ble Court in MCRC No. 777/2025 vide order dated 06.03.2025 , therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Anuj Kumar Singh, Ramkumar Singh, Naresh Singh, Uday Singh, Umesh Singh, Anita Singh, Kamla Singh and Rajpati Singh, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they 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 him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which 5 will be prejudicial to fair and expeditious trial. (c) The applicants 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 sureties 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan