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2025 DAILYLAW 44252 (CHH)

AMAN GUPTA v. STATE OF CHHATTISGARH

MCRCA/1484/2025 · 2025-09-22

body2025

Judgment text

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1 2025:CGHC:48800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1484 of 2025 Aman Gupta S/o Yashwant Gupta Aged About 27 Years R/o Dau Medical, Mungeli Naka, District Bilaspur Chhattisgarh ...Applicant versus 1 - State Of Chhattisgarh Through The S H O, P.S. - Civil Line, Bilaspur, District-Bilaspur-Chhattisgarh 2 - Himanshu Kashyap S/o Mahesh Kashyap Aged About 30 Years R/o Alka Avenue, Uslapur, District Bilaspur Chhattisgarh ...Non-applicants For Applicant : Mr. Siddhant Kumar Das, Advocate. For Non-Applicant/State No.1 : Ms. Smriti Shrivastava, Panel Lawyer. For objector respondent No.2 : Mr. Abhyuday Tiwari, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1039/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 11:50:42 +0530 2 2. The case of the prosecution in brief is that on 06.09.2025, at around 10:30 PM, the complainant along with his companions was proceeding near Tulja Bhavani Mandir, Kududand on a motorcycle, The applicant allegedly stopped the complainant and demanded Rs 1000/- for drinking alcohol and threatened to kill if the amount was not paid, there after the accused/applicant assaulted the complainant causing injury to his left little finger and cheek. The complainant immediately lodged a report with Police Station Civil Line, Bilaspur, under FIR No. 1039/2025, implicating the accused under Sections 296, 115(2), 351(2), 119 of the B.N.S. Act. 3. The applicant is innocent and has been falsely implicated in the case, as even if the prosecution story is accepted in its entirety, no offence is made out under Sections 296, 115(2), 351(2), and 119 of the B.N.S. Act. The FIR itself is malicious and filed with an ulterior motive, which is evident from the No-Objection application filed by the complainant before the learned Court below, wherein the complainant also appeared and stated that he does not wish to press the case. The alleged injury attributed to the applicant is simple in nature and not grievous, therefore, he prays for the grant of anticipatory bail. 4. On the other hand, the learned State Counsel as well as the learned counsel for the objector opposed the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, the material available in the case diary, and the fact that the matter has 3 been compromised between the parties, this Court, without expressing any opinion on the merits, is 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 - Aman Gupta, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav