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2025 DAILYLAW 42157 (CHH)

TULESHWAR KUMAR YADAV v. STATE OF CHHATTISGARH

MCRCA/1382/2025 · 2025-09-09

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Judgment text

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1 2025:CGHC:46381 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1382 of 2025 • Tuleshwar Kumar Yadav S/o Late Khorbahara Ram Yadav Aged About 41 Years R/o House No. 1317, Ward No. 69, Mahadev Ghat Road Raipura, P.S. Raipura, Tehsil And District Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through The P.S. Abhanpur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Verma, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/09/2025 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.157/2025 registered at Police Station – Abhanpur, District-Raipur (C.G.) for the offences punishable under Sections 308(2), 204, 319(2), 318(4) and 3(5) of BNS, 2023. 2. As per the prosecution story that on 11.04.2025 the complainant filed a written complaint against the co-accused and other person alleging that on dated 11.04.2025 when he VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.15 10:58:30 +0530 2 was returning from Lakhna Khadan after loading the sand meanwhile in the medway the other co-accused has stopped him and demanded the document making false impression that they were mining officer and in absence of the said pass/permit of transporting the sand material they will imposed him fine of Rs.4 Lacks for illegal transportation. On the said statement of the co-accused the complainant has transferred a Rs.30,000/- in the account of co-accused namely Ashish Yadav and Pranav Sahu, after that the police has lodged a report against the applicant. 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 co-accused has shown the Bar Code in which they have transferred the money and in the FIR, name of the present applicant has not been mentioned, 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 applicant along with three other accused persons involved in the present case and they introduced themselves as Mining Officers and taken money from drivers of the truck and other vehicles which were passing on the road, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence, also looking to the fact that applicant along with three other co-accused persons involved in the present case and they introduced themselves as Mining Officers and taken money from drivers of the truck and other vehicles which were passing on the road, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant– Tuleshwar Kumar Yadav filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.157/2025 registered at Police Station – Abhanpur, District- Raipur (C.G.) for the offences punishable under Sections 308(2), 204, 319(2), 318(4) and 3(5) of BNS, 2023, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali