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2025 DAILYLAW 32169 (CHH)

RAJKUMAR SINGH PORTE v. STATE OF CHHATTISGARH

MCRCA/989/2025 · 2025-07-08

Transfer Petitionbody2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 989 of 2025 Rajkumar Singh Porte S/o Tarachand Porte Aged About 52 Years Occupation Government Teacher, Posted At Middle School Chanchidand, Kotrahi, Parmanent Residence Bhodar, Rooppur, P.S. Basantpur, District Balrampur- Ramanujganj (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S. Basantpur, District Balrampur- Ramanujganj (C.G.). ... Non-applicant For Applicant : Mr. Viram Singh Vishwakarma, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 114/2025, registered at Police Station Basantpur, District – Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 296, 132, 231 & 351(2) of BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:52 +0530 2 2. As per prosecution story on 04-06-2025, the complainant who is Patwari went to the place of occurrence for demarcation. It is alleged that the applicant/accused misbehaved with the patwari and abused and threatened to kill her and thus obstructed the patwari in performance of her government duty. Subsequentity the Patwari was pressurized and on the complaint of Patwari Crime No. 114/2025 has been registered at P.S. Basantpur, District Balrampur-Ramanujganj (C.G.), for an alleged offence punishable under section 296, 221, 231, & 351(2) of BNS 2023. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant has been falsely implicated in the case as the patwari has been pressurized and forced by the opposite party i.e. Ramdular to lodge FIR against the applicant. He further submits that the there is delay of 13 days in registration of FIR and the applicant accused is a government teacher, whose duty has been affected due to registration of false case and applicant is permanent resident of the address as mentioned above and there is no chance of him absconding. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and 3 material available in the case diary, it appears that there is some dispute by which physical altercation arose between the parties in which the injured person received injuries, which is found to be simple in nature, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant.. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajkumar Singh, Porte on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav