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2025 DAILYLAW 31507 (CHH)

LALLU SINGH YADAV v. STATE OF CHHATTISGARH

MCRCA/944/2025 · 2025-06-30

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Judgment text

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1 2025:CGHC:29515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 944 of 2025 • Lallu Singh Yadav S/o Ramashankar Yadav Aged About 30 Years R/o Village Dorna, Police Station And Tahsil Lundra, District Surguja Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station Lundra, District Surguja Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anurag Singh, Advocate For Respondent : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 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.39/2025, registered at Police Station – Lundra District – Surguja (C.G.) for the alleged commission of offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of B.N.S. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. As per the case of the prosecution, the FIR of the incident was lodged inter alia on the ground that on 20.02.2025 the victim alongwith Kamlesh Soni were going to village Dorna for election campaign and as they reached near house of applicant, the brother of applicant stopped car of victim and started abusing them and further assaulted victim which caused injuries to victim. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that applicant neither involved in the commission of crime nor tried to commit any offence. It is further submits that the father of applicant was contesting election for post of member of Janpad Panchayat Lundra and victim was also contesting election for same post and as outburst of election campaign the dispute arose between parties and FIR has been lodged. He also submits that co-accused namely Ramashankar Yadav and Vinod Yadav have been already granted regular bail by trial Court. 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 one criminal case i.e. F.I.R. No.106 of 2021 registered at Police Station Lundra for offence under Section 341, 294, 323, 506 r/w Section 34 of I.P.C and looking to the overt-act applicant is not entitled for grant of anticipatory bail. 3 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 dispute and material available in the case diary, it transpires that the injury received by the injured is grievous in nature and applicant has one previous criminal case i.e. F.I.R. No.106 of 2021 registered at Police Station Lundra for offence under Section 341, 294, 323, 506 r/w Section 34 of I.P.C and conduct of the applicant, 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– Lallu Singh Yadav filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.39/2025, registered at Police Station – Lundra District – Surguja (C.G.) for the alleged commission of offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of B.N.S., is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali