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2025 DAILYLAW 43316 (CHH)

AVINASH @ AKKI MANIKPURI v. STATE OF CHHATTISGARH

MCRCA/1544/2025 · 2025-10-08

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Judgment text

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1 2025:CGHC:50357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1544 of 2025 Avinash @ Akki Manikpuri S/o Laxminarayan Manikpuri Aged About 20 Years R/o Ward No. 08, Simga, Police Station Simga, District Balodabazar - Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House OfÏcer, Police Of Police Station Simga, District – Balodabazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.10.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 442/2025, registered at Police Station – Simga, District – Balodabazar- Bhatapara (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 118(1) read with Section 3(5) of the BNS, and Section 25 and 27 of the Arms Act. 2. As per the prosecution story in brief, is that the report was lodged by the complainant on 13.08.2025, his son Harsh Raj Sourabh has been assaulted by the Muss @ Irfan and other co-accused and by the applicant with regard wot the old rivalry, and the applicant used hand ans RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 fists and injured was assaulted with knife, due to which the injured has sustained grievous injuries. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that it is the co-accused namely Muss @ Irfan who has assaulted the injured with the help of knife, and the applicant is said to have assaulted the injured with hands and fists. Therefore applicant is entitle for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that due to an old rivalry the applicant along with the co-accused persons are said to have assaulted the injured, though the applicant is said to have assaulted the injured with hands and fists and the co-accused Muss @ Irfan is said to have assaulted the injured with knife, but as per the reports, the injuries sustained to the injured are grievous in nature. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that due to an old rivalry the applicant along with the co-accused persons are said to have assaulted the injured, though the applicant is said to have assaulted the injured with hands and fists and the co-accused Muss @ Irfan is said to have assaulted the injured with knife, but as per the reports, the injuries sustained to the injured are grievous in nature, thus, I am not inclined to grant anticipatory bail to the applicant. 3 7. Accordingly, the Anticipatory Bail application of the applicant – Avinash @ Akki Manikpuri, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 442/2025, registered at Police Station – Simga, District – Balodabazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 118(1) read with Section 3(5) of the BNS, and Section 25 and 27 of the Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar