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2025 DAILYLAW 33884 (CHH)

JAYANSHU SARVESH v. STATE OF CHHATTISGARH

MCRCA/1056/2025 · 2025-07-17

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Judgment text

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1 2025:CGHC:34256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1056 of 2025 Jayanshu Sarvesh S/o Sudhir Sarvesh, Aged About 21 Years R/o 14, Rahas Beda, P.S. Akaltara, Dist. Janjgir Champa (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through P.S. Akaltara, Dist. Janjgir Champa (Chhattisgarh) ... Respondent For Applicant : Ms. Shruti Dewangan, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/07/2025 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.138/2025 (Crime No. wrongly mention 141/2025) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:23:16 +0530 2 registered at Police Station – Akaltara, District Janjgir-Champa (Chhattisgarh) for the offences punishable under Sections 115(2), 191(2), 296, 304(2), 351(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant was assaulted and beaten by Co-accused Monu Bhuwne at Shashtri Chowk Road at Akaltara for making video of the road accident that had taken place. Co-accused Monu Bhuwne allegedly snatched Rs. 1500/- from the complainant. 3. Learned counsel for the applicant argued that the FIR was lodged against unknown persons and there was a car accident in which some of the friends of the applicant have called the applicant at the spot where the complainant who is the journalist was taking photographs and a quarrel took place and it is alleged that one of the co-accused namely Monu Bhuwne is said to have snatched the chain and a cross FIR was also lodged by the father of the said co-accused against the complainant party and others and as the offences which were registered against them were bailable one they were released on personal bond from the concerned police station and so far as the present case is concerned, all the offences are bailable except offence u/s 304(2) of BNS and applicant is a student of B.Sc, therefore, she submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation and material available on record and also considering the fact that the applicant is a student of B.Sc., therefore this Court finds it appropriate 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 – Jayanshu Sarvesh, 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) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri