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2025 DAILYLAW 32595 (CHH)

PREM KUMAR PILLE @ BABU ANNA v. STATE OF CHHATTISGARH

MCRCA/967/2025 · 2025-07-03

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:30574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 967 of 2025 Prem Kumar Pille @ Babu Anna S/o Manohar Pille, Aged About 32 Years R/o Murra Bhatthi, Gandhi Nagar, Police Station Gudhiyari, Raipur District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Gudhiyari, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Krishnakumar Dixit, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 157/2025 registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 331(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant, Kundan Kumar Singh lodged a report at Police Station Gudhiyari against the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:12 +0530 2 present applicant and two co-accused, namely Avinash Koshale and Rakesh Dongare, in connection with Crime No. 157/2025 of Police Station Gudhiyari, Raipur, in which the bail application of the co-accused was granted by the learned CBI Court, Raipur. On the date of the incident, the complainant was in the room of Tullu Bada, Raipur, playing carom at around 6:30 PM. At that time, Avinash Koshale, Rakesh Dongare, and the applicant came to Tullu Bada to play carom. During this time, the complainant used abusive language, which led to a scuffle between the parties. Thereafter, the complainant lodged the FIR against the above-named persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He states the applicant and complainant has been prepared compromise agreement in between them and they have executed that there is no any dispute against both of them. He also submits that the injuries of the injured persons are simple in nature and the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant assaulted the complainant due to which the he suffered various injuries, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and material available in the case diary, it appears the injuries of the complainant are simple in nature, moreover, the applicant has no criminal antecedents, 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 - Prem Kumar Pille @ Babu Anna, 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 Abhishek