Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 44133 (CHH)

KARAN GIRI v. STATE OF CHHATTISGARH

MCRCA/1464/2025 · 2025-09-21

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:48604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1464 of 2025 Karan Giri S/o Rajiv Giri Aged About 20 Years R/o Vidyut Nagar, Thana Sirgitti, District- Bilaspur ( C.G. ) ... Applicant versus State Of Chhattisgarh Through- City Kotwali Police Station, District- Bilaspur ( C.G. ). ... Respondent For Applicant : Shri Amrito Das, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/09/2025 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.197/2025 registered at Police Station – City Kotwali, Bilaspur for the offences punishable under Sections 296, 115(2), 351 (2), 119(1) and 3(5) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 10:46:26 +0530 2 2. Case of the prosecution, in brief, is that on 15.04.2025, the complainant Adarsh Miri lodged a report stating that on the same night at around 2:40 AM, he was returning home to Tikrapara from Gol Bazar on his motorcycle bearing registration number CG-10- AR-4520, accompanied by his brother Rishabh Miri, who was riding another motorcycle bearing number CG-10-BF-7352. When they reached Yadav Mohalla, Tikrapara, 3-4 individuals signaled them to stop. Upon stopping, the accused persons started demanding money for consuming liquor. When the complainant and his brother refused to give money, the accused persons began abusing them in filthy language, issued death threats, and started assaulting them with fists and belts. As they tried to flee, leaving their motorcycles behind, the accused and his associates caught hold of the complainant's brother Rishabh and continued to beat him with fists and belts, causing him physical injuries. 3. Learned counsel for the applicant submits that the applicant is innocent and have not committed any of the alleged offence. He would submit that the applicant was not named in the FIR but has been roped in only upon the memorandum deposed by the co-accused. He would further submit that co-accused person namely Ankush Yadav has been granted regular bail by this Court vide order dated 16.07.2025 in MCRC No. 4482/2025 and also another co-accused Rahul Goswami @ Rahul Chheda has been granted regular bail by this Court vide order dated 16.07.2025 in MCRC No.4983/2025, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that there is one criminal antecedent against the applicant of the year 2022. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that co-accused person namely Ankush Yadav has been granted regular bail by this Court vide order dated 16.07.2025 in MCRC No.4482/2025 and also another co-accused Rahul Goswami @ Rahul Chheda has been granted regular bail by this Court vide order dated 16.07.2025 in MCRC No.4983/2025 and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Karan Giri, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (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 along with a coloured 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri