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2025 DAILYLAW 43757 (CHH)

ALOK PANNA v. STATE OF CHHATTISGARH

MCRCA/1426/2025 · 2025-09-15

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Judgment text

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1 2025:CGHC:47503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1426 of 2025 • Alok Panna S/o Shri Vishveshwar Panna Aged About 19 Years Profession - Student, Caste - Uraon, R/o Mo. Uraon Para, Sitapur, Police Station And Tahsil Sitapur, District - Surguja Chhattisgarh ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Sitapur, District Surguja, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Pandey, Advocate For Respondent/State : Mr. Niatnsh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 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.313/2025 registered at Police Station – Sitapur, District-Surguja (C.G.) for the offences punishable under Sections 296, 351(2), 221, 132 and 121(1) read with 3(5) of BNS, 2023. 2. As per the prosecution story in brief is that written complaint was lodged by the complainant/Constable No.836 namely Motilal Paikra, to the effect that he was a part of the patrolling party headed by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.17 18:00:22 +0530 2 Police Sub-Divisional Officer Sitapur. On 10.08.2025 at about 8:30 P.M. they were standing at Meena Bazar at that time 7-8 boys traveling in a classic open jeep, entered their vehicle in Meena Bazar. The complainant along with SDOP Sitapur went inside the Meena Bazar gate. The complainant asked the driver of the jeep to take the vehicle out of Meena bazar. The passengers of the vehicle namely Arun Lakda @ Pandit Gunda Badmash, Golu Das Prince Uraon, Raja Uraon Alok Panna (present applicant) and some other persons abused him threatened him with dire consequences and assaulted him using hands and fists. The driver of the jeep fled away from the spot with the vehicle. It has been alleged that all the people were drunk. The complainant also submits that complainant suffered injuries on his head, chest and back. The SDOP, Sitapur tried to intervene and taking undue advantage of the mobile. On the basis of said complaint aforesaid offences has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. It has been argued by learned counsel for the applicant is that applicant along with other co-accused persons assaulted the injured/complainant in drunken stage, as a result applicant sustained injuries, which are simple in nature, 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 on the date of incident there was some quarrel took place between the complainant/injured and applicant along with other co-accused and they were assaulted 3 the injured, who is Police Constable and as a result of which, he sustained multipal injuries on his head, chest and back, looking to the conduct of the victim applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also looking to the fact that applicant along with other co-accused persons assaulted the Police Constable at drunken stage, as a result of which injured sustained injuries on his head, hest and back, looking to the conduct of the applicant, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant– Alok Panna filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.313/2025 registered at Police Station – Sitapur, District-Surguja (C.G.) for the offences punishable under Sections 296, 351(2), 221, 132 and 121(1) read with 3(5) of BNS, 2023. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali