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2025 DAILYLAW 38364 (CHH)

SHIVAM SINGH v. STATE OF CHHATTISGARH

MCRCA/1197/2025 · 2025-08-05

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1 2025:CGHC:39304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1197 of 2025 • Shivam Singh S/o Late Sandeep Singh Aged About 19 Years R/o Ramanmandir House No. 116/409 H.M.T. Chowk Radha Krishna Mandir Raipur, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through P.S. Gudhiyari, Distt. Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas A. Shrivastava, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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 his arrest in connection with Crime No.178/2025 registered at Police Station – Gudhiyari District- Raipur (C.G.) for the offences punishable under Section 303(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant Surendra Kumar Saluja made a oral complaint to Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 11:12:43 +0530 2 – Gudhiyari District- Raipur that on 13.03.2025 he along with his son came to his shop at about 7 p.m when he is unable to start his bike he left it beside his shop and on second day i.e. 14.03.2025 at about 2 p.m. when he reached his hop he found that the bike is missing from their upon receiving such complaint FIR has been registered against some unknown person. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that he has no connection with the alleged offence, only on the basis of the suspicion prosecution wants to arrest the present applicant, 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 opposes the prayer for grant of anticipatory bail and submits that the bike was recovered from the possession of the present applicant and he has two criminal antecedent in Crime No.152/2025 registered at police station Amanaka, Raipur (C.G.) and in crime No.306/2025 registered at police station Telibandha, Raipur (C.G.), in both cases applicant is on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that applicant has two 3 previous criminal antecedent in Crime No.152/2025 registered at Police Station Amanaka, Raipur (C.G.) and in crime No.306/2025 registered at Police Station Telibandha, Raipur (C.G.), in both cases applicant is on bail, 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 – Shivam Singh 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. 4 (e) The applicant shall not involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali