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2025 DAILYLAW 40897 (CHH)

PURNENDRA SINGH v. STATE OF CHHATTISGARH

MCRCA/1291/2025 · 2025-08-25

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Judgment text

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1 2025:CGHC:43383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1291 of 2025 Purnendra Singh S/o Hari Singh Aged About 37 Years R/o Sarona, Near Union Bank, Ward No. 70, Post Tatibandh Raipur, District Raipur C.G ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Deen Dayal, Nagar, District - Raipur C.G. ... Non-applicant For Applicant : Mr. T.K. Jha, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel lawyer. For Objector : Mr. Shivendu Pandya, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 0331/2025 registered at Police Station – Deen Dayal Nagar District – Raipur (C.G.) for the offence punishable under Sections 75,296 & 351(3)of the Bhartiya Nyaya Sanhita, 2023. 2 2. As per the prosecution story the police station – Deen Dayal Nagar, District Raipur Chhattisgarh has registered offence under section 75, 296 & 351(3) of BNS 2023, at Crime No. 0331 of 2025 on the complainant of Smt. Deepali Thakur. The applicant is not filing copy of the FIR as the copy not uploaded by the concerned police station. 3. The applicant, Purenendra Singh Thakur, is one of three brothers, namely Jagatnarayan Singh Thakur and Devendra Singh Thakur, whose wives are real sisters. A property dispute between Jagatnarayan and Devendra has been pending since prior to 2021, leading to strained family relations. In this backdrop, a police complaint was filed against the brothers in 2021, and subsequently, on 25.07.2025, the applicant along with his mother also preferred a complaint before the Zone Commissioner and the Municipal Commissioner, followed by a public notice published in the newspapers Haribhumi and Swadesh Jyoti on 01.08.2025. The applicant has not committed any offence and has been falsely implicated due to the said civil dispute. He has no previous criminal history, and the CCTV footage from the place of incident as well as a video recorded on his mobile phone, annexed as Annexure A-3, clearly show that no such incident as alleged ever took place. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with witnesses, and he is ready to furnish adequate surety and bail bonds, undertaking to abide by any terms and conditions imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, the learned State counsel as well as learned counsel for the objector opposed the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and the fact that the applicant is the dewar (younger brother-in-law) of the complainant, it has been stated by learned counsel for the applicant that the parents of the applicant are residing in the same house, whereas the complainant and her husband, who is the real brother of the applicant, have got the property of the applicant mutated in the complainant’s name. The mother of the applicant has raised an objection to the said mutation, and in this regard a notice was issued on 25.07.2025. Thereafter, a public notice was published in the newspaper on 01.08.2025, and only thereafter the present FIR has been registered. Thus, considering the aforesaid circumstances and the fact that the dispute appears to be of a civil nature, without further commenting on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Purnendra 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) he 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. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav