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2025 DAILYLAW 38240 (CHH)

DURGA PRASAD TAMRAKAR v. UNION OF INDIA

MCRCA/1200/2025 · 2025-08-12

body2025

Judgment text

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1 2025:CGHC:40945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1200 of 2025 Durga Prasad Tamrakar S/o Amar Chandra Tamrakar Aged About 45 Years R/o Ward No. 12 Ramnagar Muktidham Supela Bhilai, District Durg Chhattisgarh ... Applicant versus Union Of India Through Railway Protection Force, Bhatapara, District Baloda Bazaar Bhatapara Chhattisgarh ... Respondent For Applicant : Shri Rohan Kumbhare, Advocate. For Respondent/UOI : Shri Ramakant Mishra, DSGI with Ms. Shweta Rai, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/08/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.09/2025, registered at Police Station RPF GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:39:10 +0530 2 Bhatapara for alleged commission of offence punishable under Section 3 (A) of RPUP Act. 2. Case of the prosecution, in brief, is that the co-accused stole the cable from the electricity office of Railway Property and took the copper wire extracted from it and during the investigation co- accused has been arrested and on the basis of memorandum statement of co-accused present applicant has been implicated. A crime has been registered against the applicant in Railway Protection Force Bhatapara District-Baloda Bazaar Bhatapara in Crime No.09/2025 Section 3 (A) RPUP Act. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He would submit that the applicant is not named in the FIR, no incriminating material has been recovered from his possession and the name of the applicant has come into light in the confessional memorandum statement of the co-accused, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned counsel for the respondent/UOI opposes the prayer for grant of anticipatory bail and he would submit that there are 3 criminal antecedents against the applicant and his involvement in the present case cannot be ruled out. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of offence, considering the fact that there are 3 criminal antecedents against the applicant and the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Durga Prasad Tamrakar, involved in Crime No.09/2025, registered at Police Station RPF Bhatapara for alleged commission of offence punishable under Section 3 (A) of RPUP Act is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri