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2025 DAILYLAW 44885 (CHH)

MANOJ KUMAR SHUKLA v. STATE OF CHHATTISGARH

MCRCA/1509/2025 · 2025-09-25

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Judgment text

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1 2025:CGHC:49476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1509 of 2025 1 - Manoj Kumar Shukla S/o Shri Radha Krishna Shukla Aged About 45 Years R/o K-221, Market Zone No. 2, Ward No. 30, Sector-11 Khursipar, Bhilai District- Durg (C.G.) 2 - Sonu @ M. Shrinivas @ Mungda Shrinivas S/o Mungda K.R. Kishor Aged About 35 Years R/o Ward No. 20, Panchsheel Nagar, Beside East Brahma Kumari Aashram Bhilai Charoda B.M .Y. Durg District - Durg (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Sho Police Station Jamul District - Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Vaibhav A. Goverdhan, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.714/2025, registered at Police Station – Jamul District – Durg VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 18:02:41 +0530 2 (C.G.) for the alleged commission of offence punishable under Sections 303(2), 316(3) and 318(4) of BNS, 2023. 2. The case of the prosecution is nutshell in that, it is alleged by the complainant Ramesh Mahashay that on 02.12.2023 he had executed an agreement to sale his truck bearing No.CG/04/PL/9177 with the co-accused Anand Tiwari for sale consideration of Rs. 12,00,000/- and out of which 1,00,000/- would be adjusted for documentation name transfer etc. It is alleged that the complainant that for purchase of the said truck, loan was sanctioned by co-accused Anand Tiwari in the name of his driver namely Bholananth Tiwari and even after obtaining loan, same has not been credited in his account and the complainant has parked his truck in the yard of co-accused Vijay Kumar Mishra but without his consent Vijay Kumar Mishra hads given the truck to co-accused Anand Twiari along with the present applicants thereafter offence has been registered against the present applicants. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued by learned counsel for the applicant that there was a dispute between the parties with respect of the sale of a truck and applicants were present when the said transactions were taken place. He further submits that there was delay in lodging the complaint and there is no direct evidence against the applicants, which connects them in commission of crime. Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicants have no criminal antecedent. 3 5. Considering the facts & circumstances of the case, allegation levelled against the present applicants, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that applicants have no criminal antecedents, the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicants are entitled to be released on bail in this case. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Manoj Kumar Shukla and Sonu @ M. Shrinvas 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 vaishali