1 / 4 2025:CGHC:31707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5348 of 2025 Balla Urf Gowardhan Devraj S/o Janta Devraj Aged About 23 Years R/o Atal Awas Near Urla School Durg District Durg (C.G.) ...Applicant versus tate Of Chhattisgarh Through Police Station - Pulgaon Chowki Anjora District Durg(C.G.) ...Respondent For Applicant : Mr. Virendra Kashyap, 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. 376/2024, registered at Police Station – Pulgaon, Chowki Anjora District- Durg (C.G.) for the alleged commission of offence punishable under Sections 309(4),309(6),140(3),74, & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. That, as the per prosecution story on 15.09.2024, around 7:00 PM, complainant Nitin Sahu, accompanied by his friend Aarti Kunjam, was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 14:41:10 +0530 2 / 4 traveling on his scooter (Activa) to watch Ganesh Puja when they were returning to their home near Rasmada highway, Durg Around 9:00 PM, they were attacked by four unidentified boys on a motorcycle. One attacker struck Nitin on the head with a stick, injuring him. As a result, Nitin and Aarti fell to the ground with the vehicle. Two attackers restrained Nitin and Aarti, threatened them, and looted 22,250 from Nitin's jeans. Nitin managed to escape, contacted a friend, and when they returned to spot Aarti and the four boys were missing. That, after the investigation Aarti's statement, recorded later, revealed that three of the attackers abducted her on a motorcycle and took her to Shivnath river, then to Peeparchhedi Bogda bridge, where she was assaulted and molested by them. That, the basis of the above, a First Information Report was lodged at the Police Station Pulgaon, Chowki Anjora District Durg Chhattisgarh a crime No. 376/2024 was registered against the our Unknown person. That, the applicant was arrested on 5.03.2025 by the police of Police Station- Station Pulgaon, Chowki ajora District Durg Chhattisgarh for the alleged offence anishable under Sections 309(4), 309(6), 140(3), 74, 3(5) Bhartiya aya Sanhita, and 25, 27 Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is no direct or corroborative evidence linking the applicant/accused to the alleged offense. The prosecution has failed to establish any substantive material to prove the applicant’s involvement in the incident. And the present applicant is not mentioned in the FIR and FIR has been registered in the name of the unknown persons, the applicant has been arrested only on the basis of suspicion which is permissible and no 3 / 4 substantial objects such as stick or arms has been obtained from the present applicant as per seizure mem only 350 rupees cash was obtained which was his own money. and she in in jail 25.03.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and the material available on record, including the case diary, it appears that the applicant, along with three co-accused persons, was involved in the present case. It is alleged that two victims were assaulted by the applicant and the co-accused, and that an Activa vehicle was snatched by co-accused Rameshwar, who has since been arrested. In his statement, the name of the present applicant has surfaced. A Test Identification Parade (TIP) was conducted, in which the applicant and the co-accused were duly identified. The statement of the victim, recorded under Section 153 of the Bharatiya Nyaya Sanhita (BNS), reveals that she was assaulted and sustained injuries, which is corroborated by the MLC report. Injuries were also sustained by another injured person - Nitin. In view of the aforesaid facts and circumstances of the case, I am not inclined to grant regular bail to the applicant 7. Accordingly, the regular bail application of the applicant –Balla Urf Gowardhan Devraj, involved in Crime No. 376/2024, registered at Police Station – Pulgaon, Chowki Anjora District- Durg (C.G.) for the 4 / 4 alleged commission of offence punishable under Sections 309(4),309(6),140(3),74, & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav