Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6891
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 162 of 2025 1 - Sujeet Kumar Jha S/o Uday Chand Jha Aged About 33 Years R/o Near Shiv Temple, P 1410, Dandiya Palli, Gopapalli, Sundergarh, Jhartarang (Odisha). 2 - Sharad Poddar S/o Pawan Poddar, Aged About 38 Years R/o House No. 13, C.H. Area Near Flavor Of South Restaurant, Post And P.S. - Sonari, Jamshedpur, East Singhbhum, Jharkhand. 3 - Nitin Bhalotia Alias Chintu S/o Suresh Bhalotia Aged About 39 Years R/o 2 Ramtekri Road, Jugsalai, Near Agrasen Bhawan, Post Jugsalai, Jamshedpur, East Singhbhum, Jharkhand. 4 - Chandan Mittal, S/o Shambhu Prasad Aged About 47 Years R/o House No. 13, Bank Colony, Beside Bhatia Park, Post And P.S. Kadma, Kadma Jamshedpur, East Singhbhum, Jharkhand. ... Applicant versus State of Chhattisgarh Through Police Station Bilha, District – Bilaspur (C.G.). ... Non-applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 06.02.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 403/2023 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 registered at Police Station – Bilha, District – Bilaspur (C.G.) for the offence punishable under Section 363, 364-A, 384, 294, 323, 506 and 120-B of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the complainant registered an FIR on 11.09.2023, alleging that on the evening of 29.08.2023, at about 7-8 PM, two individuals came to his house and spoke to his mother. They claimed that Dular Sahu, the complainant's father, was very ill and stated that they had been sent by Vanraj Steel Plant. They took Rs. 2 lakh, bank passbooks, and other documents, and asked the complainant to accompany them. However, when they reached Bilaspur Railway Station, the two individuals abandoned the complainant, kept Rs. 2 lakhs, and sent him to Jharkhand. Upon reaching Jharkhand, it is alleged that a car came to receive the complainant and took him to Jaimangla Private Limited in Vishnupur, where his father, Dular Sahu, was already present. The complainant alleged that his father had been beaten so severely that he was unable to walk properly.
Furthermore, it is alleged that both the complainant and his father were assaulted, and the accused forced Dular Sahu to sign several papers. They were then held hostage and tortured daily from 30.08.2023 to 06.09.2023. On 06.09.2023, they were taken to the Police Station, from where the complainant managed to escape. He fled to Puri, later reached Durg, and eventually went to his maternal uncle's house in Ghursena. There, he informed his uncle that his father was being held hostage in his quarter. He subsequently lodged the present FIR. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. It is submitted that the victim of the present case Dular Sahu was involved in
3 a criminal case in which the accused of the said case, Nand Kishor Agrawal and Rishabh Goyal, and the father of the victim was also involved and the applicants have been implicated in the present case on account of the said fact. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6.
Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the victim of the present case Dular Sahu was involved in a criminal case in which the accused of the said case, Nand Kishor Agrawal and Rishabh Goyal, and the father of the victim was also involved and the applicants have been implicated in the present case on account of the said fact, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Sujeet Kumar Jha, Sharad Poddar, Nitin Bhalotia Alias Chintu, and Chandan Mittal on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. 4 (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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar