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2025 DAILYLAW 40300 (CHH)

KOUSHAL PRASAD PATEL v. STATE OF CHHATTISGARH

MCRCA/1259/2025 · 2025-08-18

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Judgment text

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1 2025:CGHC:41867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1259 of 2025 1 - Koushal Prasad Patel S/o Tirithram Aged About 56 Years R/o Village Jongara, Police Station And Tahsil Sakti, District Sakti Chhattisgarh. 2 - Ishwar Patel S/o Koushal Prasad Patel Aged About 30 Years R/o Village Jongara, Police Station And Tahsil Sakti, District Sakti Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The District Magistrate, Sakti, District Sakti Chhattisgarh ... Non-applicant For Applicants : Mr. Jeet Ram Patel, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who have been apprehending his arrest in connection with Crime No. 234/2025 registered at Police Station – Sakti, District Sakti (C.G.) offence under Sections 296, 351(3), 118(1) read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per prosecution story in brief is that, on 09-07-2025 at about 6.00 hrs. when the husband of complainant asked to the applicant No.2, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.20 10:30:27 +0530 2 why you are coming near my home, then the applicant No.2 abused the complainant in the filthy languages and assaulted to the mother-in- law of the complainant from the Iron Rod and also threatened the complainant and her mother-in-law to kill the life, when the husband of the complainant has snatched the Iron Rod, the applicant No.1 again assaulted the husband of the complaiant from the Tangiya and the applicant No.2 has assaulted with first and blow, therefore the crime has been registered against the applicant and arrested them. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. The prosecution evidence is not prima facie sufficient to establish their guilt, and the present case appears to have been registered under the pressure of the complainant. The applicants are reputed persons of the locality, and any arrest would cause irreparable harm to their reputation. They are permanent residents at the address mentioned in the cause title, where their movable and immovable properties are situated, leaving no likelihood of absconding. The applicants are ready to furnish adequate surety, abide by any conditions imposed by this Hon’ble Court, and reserve their right to raise additional grounds at the time of final hearing, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicants assaulted the complainant due to which the he suffered various injuries, therefore, they are not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the injuries sustained by the complainant are simple in nature, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Koushal Prasad Patel & Ishwar Patel, 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) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav