Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:29205
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 938 of 2025 1 - Amritlal Tandon S/o Jhaduram Tandon Aged About 42 Years Resident Of Ward No. 20, Village Murlideeh, Police Station Mulmula, District Janjgir- Champa (C.G.) 2 - Sheetla Bai Tandon W/o Amritlal Tandon Aged About 38 Years Resident Of Ward No. 20, Village Murlideeh, Police Station Mulmula, District Janjgir- Champa (C.G.) 3 - Aditya Kumar Tandon S/o Amritlal Tandon Aged About 19 Years Resident Of Ward No. 20, Village Murlideeh, Police Station Mulmula, District Janjgir- Champa (C.G.) 4 - Akshyay Kumar Tandon S/o Amritlal Tandon Aged About 20 Years Resident Of Ward No. 20, Village Murlideeh, Police Station Mulmula, District Janjgir- Champa (C.G.)
... Applicants versus 1 - State of Chhattisgarh Through- The Station House Officer, Police Station Mulmula, District Janjgir- Champa (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Santosh Kumar Verma, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 30.06.2025
1. This is first bail application filed under Section 482 of the Bharatiya VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA
2 Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicants who are apprehending their arrest in connection with Crime No. 145/2025 registered at Police Station – Mulmula District- Janjgir-Champa (C.G.) for the offence punishable under Section 296, 351(3), 331 r/w Section 3(5) of BNS, 2023 and Section 4 and 5 of Tohni Pratadna Adhiniyam,2005.
2. As per prosecution story, in brief, is that on 01.06.2025 at about 11:00 p.m., the present applicants due to common intention entered in the house of complainant and said that your wife is Tohni and also made allegation against the present applicants, they are abuses filthy languages to the complainant and his family members. Therefore, crime has been registered against the applicants.
3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. He further submits that they have neither committed nor participated in any such act. He also submits that due to the revenge of civil dispute the complainants have implicated the whole family members in the false case. The allegation of the complainant itself shows that none of the persons have opened the door in the night of 11:00 p.m., the allegation made against the applicants to implicated whole family members in a false case. Hence, he prays for grant of anticipatory bail to the applicants.
4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants have no previous criminal antecedents.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, submissions of
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learned counsel for the parties and nature of dispute and material available in case diary, considering the fact that applicants have no previous criminal antecedents and there is no evidence collected by the prosecution against the present applicants, hence, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants Amritlal Tandon, Sheetla Bai Tandon, Aditya Tandon and Akshyay Kumar Tandon on executing a personal bond with 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 them 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 him by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) They shall not involve himself in any offence of similar nature in future. sd/-
(Ramesh Sinha)
CHIEF JUSTICE vaishali