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2025 DAILYLAW 43354 (CHH)

Sonadhar v. STATE OF CHHATTISGARH

MCRCA/1495/2025 · 2025-09-23

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Judgment text

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1 2025:CGHC:48952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1495 of 2025 Sonadhar S/o Bhagat Aged About 42 Years R/o Village, Turenar, P.S. Nagarnar, District- Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The P.S. Nagarnar District- Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Varunendra Mishra, Advocate For Respondent(s) : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 24.09.2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 36/2024, registered at Police Station Nagarnar District- Bastar (C.G.) for alleged commission of offence punishable under Sections 294, 323, 506(B), 307, 34 of the IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution story in brief is that the complainant namely Manish Kumar appeared before the P.S. on 29.02.2024 and stated that on dated 28.02.2024, he went to attend the marriage of Man Singh's younger brother namely Son Singh at village Turenar wherein a quarrel took place between the co-accused and a boy of that village. Thereafter, all the accused persons attacked on them fatally by sticks and iron rods and threatened to kill. On the complaint of the complainant, Crime No. 36 was registered in against the present applicant along with other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant had no intention to commit any offence during the course of the incident and the injuries sustained by the victim and another person occurred merely during the course of a struggle and the applicant has not committed the alleged offence. It is further submitted that the applicant and the victim have mutually agreed to settle their dispute and, in furtherance thereof, the victim and the applicant along with other co-accused persons have filed an application before the learned trial Court expressing no objection to the grant of bail to the applicant, but the same was rejected vide order dated 18.08.2025. He lastly submits that the applicant has no previous criminal antecedents and the investigation of the case is likely to take some time, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant along with other co-accused persons assaulted the complainant and others with sticks and iron rods, as a result of which, they sustained injuries. Moreover, anticipatory bail application of co-accused namely Sampat Kashyap and Surjeet Kashyap has already been rejected by this Court vide order dated 10.09.2025 in MCRCA No. 1390 / 2025 and the case of the present applicant is identical to that of the co-accused persons, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegations made against the present applicant that applicant along with other co-accused persons assaulted the complainant and other persons with sticks and iron rods, moreover, anticipatory bail application of co- accused namely Sampat Kashyap and Surjeet Kashyap has already been rejected by this Court vide order dated 10.09.2025 in MCRCA No. 1390 / 2025 and the case of the present applicant is identical to that of the co-accused persons, hence this is not a fit case to grant anticipatory bail to the applicant. 7. 7. Accordingly, the anticipatory bail application of the applicant – Sonadhar involved in Crime No. 36/2024, registered at Police 4 Station Nagarnar District- Bastar (C.G.) for alleged commission of offence punishable under Sections 294, 323, 506(B), 307, 34 of the IPC is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil