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2025 DAILYLAW 36634 (CHH)

SATISH AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1097/2025 · 2025-07-24

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Judgment text

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1 2025:CGHC:36230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1097 of 2025 1 - Satish Agrawal S/o Late Hetram Agrawal Aged About 62 Years R/o Village And Police Station Naya Baradwar, District Sakti C.G. 2 - Shantanu Agrawal S/o Satish Agrawal Aged About 35 Years R/o Village And Police Station Naya Baradwar, District Sakti C.G. 3 - Vikash Kumar Agrawal S/o Vijay Kumar Agrawal Aged About 52 Years R/o Village And Police Station Naya Baradwar, District Sakti C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Baradwar, District Sakti C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Kumar Paranjpe, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer For Objector Mr. Neeraj Baghel, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 139/2025 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable under Sections 115(2), 191(2), 109 of BNS, 2023. 2. The prosecution story, in brief, is that the FIR of the incident was lodged on the instance of Shubh Agrwal, the FIR was lodged inter alia VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.29 10:43:26 +0530 2 on the allegations that on 02.06.2025 at about inter alia on the allegations that on 02.06.2025 at about 20:45 hours the accused persons, who are the family members of the complainant and his father (victim namely Basant Kumar Agrawal) have assaulted him as well as his father namely Basant Kumar Agrawal. It has been alleged that, Sushil Agrawal has assaulted the father with the help of wooden stick due to which he received injuries on his rips. 3. It has been argued by the learned counsel for the applicant that the applicants are innocent and have been falsely implicated in this case. He further submits that the applicants and complainants are real brothers, the main accused namely Sushil Kumar, who was assaulting the injured with blunt object, and so far as the present applicant is concerned there was no intention, simply there was a dispute between the brothers with respect to the bringing a truck in the rice mil. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application. 5. Learned counsel for the Objector submits that applicants and complainants are real brothers and he has no objection in granting anticipatory bail to the present applicants. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires, the applicants and complainants are real brothers, the main accused namely Sushil 3 Kumar, who was assaulting the injured with blunt object, and so far as the present applicant is concerned there was no intention, simply there was a dispute between the brothers with respect to the bringing a truck in the rice mil, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Satish Agrawal, Shantanu Agrawal and Vikash Kumar Agrawal on executing a personal bond with 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali