Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38482
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1181 of 2025 1 - Sushil Agrawal S/o Late Hetram Agrawal Aged About 54 Years 2 - Vinay Agrawal S/o Vijay Kumar Agrawal Aged About 50 Years 3 - Umang Agrawal S/o Vikas Kumar Agrawal Aged About 24 Years All above are R/o Village And Police Station Naya Baradwar, District - Sakti (C.G.)
...Applicants versus State Of Chhattisgarh Through Police Station Baradwar, District - Sakti (C.G.)
... Respondent For Applicants : Shri Manoj Paranjpe, Advocate. For Respondent/State : Ms. Monika Thakur, PL. For objector : Shri Akhand Pratap, 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 have been filed by the applicants, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.05 17:41:22 +0530
2 who are apprehending their arrest in connection with Crime No.139/2025 registered at Police Station – Baradwar, District Sakti (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 191(2), 109 of Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that the F.I.R. of the incident was lodged on the instance of Shubh Agrawal, the F.I.R. was lodged 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, Basant Kumar Agrawal has received the grievous injuries. 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 ribs.
3.
Learned counsel for the applicants submits that the applicants have not committed any offence punishable with death or imprisonment of life and they have been falsely implicated in the aforesaid case. He would submit that the applicants are the relative of the complainant and they have falsely been implicated and the family dispute between the brother has given rise to the instant case. He would further submit that co-accused person namely Smt. Sippi Agrawal has been granted anticipatory bail by this court in MCRCA No.1002/2025 on 10/07/2025. Therefore, he submits that the present applicants are entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.
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5.
Learned counsel for the objector do not oppose the prayer for grant of anticipatory bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts & circumstances of the case, also considering the fact that the applicants are the relative of the complainant and the family dispute between the brother has given rise to the instant case and also considering the fact that co-accused person namely Smt. Sippi Agrawal has been granted anticipatory bail by this court in MCRCA No.1002/2025 on 10/07/2025, therefore, I am inclined to grant anticipatory bail to the present applicants.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants namely Sushil Agrawal, Vinay Agrawal and Umang Agrawal, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.
4 (d) The applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri