Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 37762 (CHH)

GIRDHARI LAL SAHU v. STATE OF CHHATTISGARH

MCRCA/1179/2025 · 2025-08-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:38484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1179 of 2025 • Girdhari Lal Sahu S/o Late Ramprasad Sahu Aged About 67 Years R/o Cseb, Chowk Jamul, P.S. Jamul, Bhilai, District- Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station Jamul, District- Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sunil Otwani, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer For Objector Mr. Vipin Tiwari, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/08/2025 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 her arrest in connection with Crime No.501/2025 registered at Police Station – Jamul, District-Durg (C.G.) for the offences punishable under Section 294, 342, 385, 458, 501, 506(B) of IPC. 2. Case of the prosecution, in brief, is that complaint dated 22.05.2024 under section 156(3) of CrPC was made before court of Learned JMFC, Durg on behalf of Jamul Vidyadayni Jan Kalyan Shiksha VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:17 +0530 2 Samiti (erstwhile tenant) against the present applicant who is landlord of the property in dispute (school) alleging that on 15.06.2022 at around 11:30 pm applicant along with his son by jumping from boundary wall of the school has entered into the school premises and locked all the rooms and offices and thereafter murrum has been laid down in front of gate of the school in order to prevent entry in the school premises. Upon the order passed by Learned JMFC, Durg the instant FIR has been registered by the concerning police station on 25.06.2025 against the present applicant for the offence punishable under Sections 294, 342, 385, 458, 501, 506(B) of IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that instant FIR has been filed against the present applicant is a counter attack by the complainant, on the ground that the present applicant on 22.07.2022, has ended the tenancy of the complainant and took the possession of his property. Just in order to counter attack and harass the present applicant. He further submits that FIR has been registered almost after two years of incident and by suppressing the fact that parties has already amicable settled the dispute on 22.07.2022 in present of District Education Officer investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the FIR has been lodged after two years against the present applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Girdhari Lal Sahu 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 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 vaishali