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2025 DAILYLAW 31924 (CHH)

SURAJ PATEL v. STATE OF CHHATTISGARH

MCRCA/1030/2025 · 2025-07-14

body2025

Judgment text

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1 2025:CGHC:33060 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1030 of 2025 1 - Suraj Patel S/o Pitambar Patel Aged About 30 Years R/o Village Javali, Chakabuda, Thana Banki Mongra, District Korba C.G. 2 - Raj Tilak @ Ashish Kashyap S/o Laxmi Prasad Kashyap, Aged About 19 Years R/o Chakabuda, Thana Banki Mongra, District Korba C.G. 3 - Akshay Kumar Anant S/o Shyamlal Aged About 24 Years R/o Chakabuda, Thana Banki Mongra, District Korba C.G. 4 - Ashish Kumar S/o Dayaram Kaushik Aged About 20 Years R/o Javali Chakabuda, Thana Banki Mongra, District Korba C.G. ... Applicants versus State Of Chhattisgarh Through P.S. Banki Mongra, District Korba C.G. ... Respondent For Applicants : Shri Vikas Kumar Pandey, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15/07/2025 1. The applicants have preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending their arrest in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 16:47:49 +0530 2 No.52/2025 registered at Police Station Banki Mongra, District Korba (C.G.) for the alleged commission of offence punishable under Sections 331(5), 296, 324(2), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that on 18.03.25 the complainant namely Suraj Kumar Kurre has lodged written report before Police Adhikshak Korba stating that on 14.03.25 at about 3.00 pm the present applicants along with other co-accused persons entered the house of complainant and committed marpeet and looted money from his house. Thereafter police has registered the offence against the co-accused persons. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case. He would submit that the complainant and the co-accused persons belong to same village and they have not assaulted the complainant and not looted any amount. He would further submit that the incident took place at the time of Holi festival and all of them were enjoying by putting the colours on their face and no any marpeet took place at the time of festival and after four days of incident the complainant has lodged false report against the applicants and there is no explanation about the delay for lodging the F.I.R. He would submit that the applicants are permanent resident as mentioned in the cause title and there is no chance of their absconding or tampering with the prosecution case, therefore he prays to enlarge the applicants on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. She would submit that the applicant No.1 has six 3 criminal antecedents and the applicant No.3 has two criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, applicant No.1 has six criminal antecedents and the applicant No.3 has two criminal antecedents, considering the fact that complainant received injury and investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants - Suraj Patel, Raj Tilak @ Ashish Kashyap, Akshay Kumar Anant & Ashish Kumar, involved in Crime No.52/2025 registered at Police Station Banki Mongra, District Korba (C.G.) for the alleged commission of offence punishable under Sections 331(5), 296, 324(2), 3(5) of B.N.S is rejected. Sd/-Sd S S S Sd/- (Ramesh Sinha) Chief Justice gouri