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2025 DAILYLAW 3156 (CHH)

MANSAWI DUBEY v. STATE OF CHHATTISGARH

MCRCA/92/2025 · 2025-01-17

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Judgment text

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1 2025:CGHC:3120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 92 of 2025 Mansawi Dubey W/o Late Chandrika Prasad Dubey Aged About 39 Years R/o Mararpara, Balod, P.S. And District Balod (C.G.). ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Balod, District – Balod (C.G.). ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 597/2024 registered at Police Station – Balod, District – Balod (C.G.) for the offence punishable under Sections 109(1), 118(1), 296, 3(5) and 351(2) of Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 04.12.2024, the applicant, her RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 son and her husband have abused with the complainant Santosh Nath Yogi and assaulted with him with the help of knife, due to which, the complainant received injuries. The report to the above effect was lodged by the complainant, upon which, the alleged offence have been registered against the applicant, her son and her husband. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there are counter case, and and husband of the applicant has died in the incident and she has also lodged the FIR bearing No. 600/2024 against the complainant under Sections 296, 351(2), 115(2) and 3(5) of the BNS. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that there are counter case, and and husband of the applicant has died in the incident and she has also lodged the FIR bearing No. 600/2024 against the complainant under Sections 296, 351(2), 115(2) and 3(5) of the BNS, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mansawi Dubey on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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 Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar