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2025 DAILYLAW 32205 (CHH)

DHANESH SINGH @ MONU BIHARI v. STATE OF CHHATTISGARH

MCRCA/963/2025 · 2025-07-08

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Judgment text

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1 / 3 2025:CGHC:31706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 963 of 2025 Dhanesh Singh @ Monu Bihari S/o Jamuna Singh, Aged About 31 Years R/o Deorikhurd, P.S. Torwa, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Torwa, Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Anway Tiwari, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.07.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 212/2025, registered at Police Station – Torwa, District- Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 115(2),119(1),296,351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in short is that the on 19.5.2025 He Went complainant to Deorikhurd on his motorcycle to drop his friend Vivek Sen. While returning at around 9:25pm his motorcycle slightly collided VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:52 +0530 2 / 3 with ilu's battery Motorcycle parked on the wrong side in front of Red Diamond Hotel. The applicant's motorcycle was allegedly parked incorrectly on the side of the Road. When he tried to move it slightly, it accidently touched another vehicle. Monu Bihari and other person named Ikbal. Other witness also gathered, and verbal argument occurred. The applicant allegedly called his friend Vivek Sen. and during the incident abusive language was used, following by treats and physical assault, which included slapping and pushing other party. The incident was an accident both the vehicle collided with each other as a result of which on vehicle got damaged a minor dispute took place over the same, no other crime was committed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant did not have any relation with the aforesaid offence but the investigating agency in order to make out false case against the applicant trying to arrest the applicant on the basis of the concoctive story made by the investigating agency. He further submits that the incident was a result of a small accident between vehicles, leading only to a verbal and minor physical dispute with no grievous injuries or dangerous weapons involved. 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. He further submits that due to previous enmity, the present applicant assaulted the complainant with a sharp object, inflicting grievous injuries on his back 3 / 3 and applicant has four criminal antecedents. Therefore, the present is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, and upon perusal of the material available on record, including the case diary, it appears that the applicant along with 3–4 other co-accused persons, was involved in the present case. The allegation levelled against the applicant is that he assaulted the injured person and abused him and caused injuries with a hard and blunt object. Furthermore, the applicant has four previous criminal antecedents. In view of the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Dhanesh Singh @ Monu Bihari, involved in Crime No. 212/2025, registered at Police Station – Torwa, District- Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 115(2),119(1),296,351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav