Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38108
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1164 of 2025 • Surendra Kumar S/o Bheruram Aged About 32 Years R/o Village Kobiya, Police Station, Tahsil And District Bemetara, C.G.
... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh.
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajkumar Pali, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 01.08.2025
1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 406/2025, registered at Police Station – Bemetara, District – Bemetara (C.G.) for the alleged commission of offence punishable under Section 109(1) of BNS, 2023.
2. According to the prosecution story, on 24-06-2025 the complainant namely Vikash Tiwari lodged a report against the applicant and stated that on 11-06-2025 at 9.25 Am. hís father Ramashray gone to the Borwell which is behind on the back side of his house then he VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 19:01:54 +0530
2 heard the sound fight then he came to the place of incident and seen that the applicant had fight with his father then he taken the defense and return back the house. At that time the applicant drive his Car and caused the incident with intention to kill the complainant, on this basis he found several injury and admitted in the hospital, thereafter reported the police, on this basis the crime has been registered against the applicant and the matter is under investigation, the applicant had filed an anticipatory bail application before learned court below which has been dismissed. Hence, this application.
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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant that there is cross report of incident, FIR which was lodged from the side of the applicant was just prior to the incident on 11.06.2025 at 16:25 p.m., and incident took place on 11.06.2025 at 9:30 p.m., whereas the present FIR, lodged against the applicant by the complainant is on 24.06.2025, after 13 days of the incident, wherein it is stated that there is a property dispute between the applicant and complainant. Therefore, he prays for grant of anticipatory bail to the present applicant.
4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicant drove his car over the injured namely Vikas Tiwari and he suffered grievous injuries. It is apparent from the NCCT Chest report dated 20.06.2025, whereby his ribs were found to be fractured. He also submits that injured sustained grievous injuries, therefore, delay occurred in lodging the FIR, hence, looking to the conduct of the applicant, he is not entitled for grant of anticipatory bail.
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5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that applicant drove his car over the injured namely Vikas Tiwari, as a result of which, he suffered grievous injuries. Further considering the fact that as per the NCCT Chest report ribs of injured person were found to be fractured. He also submits that injured sustained grievous injuries, as such, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant– Surendra Kumar filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 406/2025, registered at Police Station – Bemetara, District – Bemetara (C.G.) for the alleged commission of offence punishable under Section 109(1) of BNS, 2023. is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali