Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5855
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 169 of 2025 1 - Sanjay Kumar Bhaskar S/o Shri Santuram Bhaskar, aged about 43 years, R/o Village Pendri, Police Station Masturi, District Bilaspur, Chhattisgarh 2 - Smt Surekha Bai Bhaskar W/o Shri Sanjay Kumar Bhaskar, aged about 38 years, R/o Village Pendri, Police Station Masturi, District Bilaspur, Chhattisgarh 3 - Smt Rajni Bhaskar W/o Shri Jai Prakash Bhaskar aged about 35 years, R/o Village Pendri, Police Station Masturi, District Bilaspur, Chhattisgarh 4 - Smt Satvantin Bhaskar W/o Shri Sohrab Bhaskar aged about 25 years, R/o Village Pendri, Police Station Masturi, District Bilaspur, Chhattisgarh
... Applicants Versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Masturi, District Bilaspur, Chhattisgarh
... Respondent For Applicants : Mr. Chandradeep Prasad, Advocate. For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Smt. Justice Rajani Dubey
Order on Board 31.01.2025 Heard.
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1. The accused/applicants moved this First bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita 2023 has been filed by the applicants who are apprehending their arrest in connection with Crime No. 506/2021 registered at Police Station- Masturi, District- Bilaspur (C.G.) for commission of the offence punishable under Sections 294, 506 Part-2, 147, 148, 323/149, 307/149 & 302/149 of IPC.
2. Case of the prosecution is that on the date of incident i.e., 26.09.2021, the present applicants assaulted the complainant namely Dev Kumari and deceased Khoruram by rod and also used filthy language and threatened to kill them. It is also alleged that the co-accused had assaulted with a rod on the head of deceased Kholuram, due to this the deceased died during treatment. Based on this offence has been registered against the present applicants.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the complainant’s family and the applicants are having subsisting enmity between them, thereby the complainant lodged false complaint against the applicants, the dispute is between two private party and the present applicants have no direct or indirect role in the crime. He also submits that the other co-accused persons namely Santosh Kumar Bhaskar and Smt. Lalima Bhaskar in MCRCA No.1437/2024 have been extended privilege of anticipatory bail, vide
order dated 19.12.2024 by this Court and rest of the co-accused persons namely Sohrab @ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC No.1787/2022 have been extended privilege of regular bail, vide order dated 25.07.2022 by this Court. Therefore, the present applicants may also be granted anticipatory bail.
4. On the other hand, learned State counsel opposes the anticipatory bail application.
5. After hearing learned counsel for the parties and considering the facts and circumstances of the case, nature of allegation, quality of evidence against the applicants and further considering the fact that the other co- accused persons namely Santosh Kumar Bhaskar and Smt. Lalima
3 Bhaskar in MCRCA No.1437/2024 have been extended privilege of anticipatory bail, vide order dated 19.12.2024 by this Court and the rest of the co-accused persons namely Sohrab @ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC No.1787/2022 have been extended privilege of regular bail, vide order dated 25.07.2022 by this Court . As such, without commenting anything on merit of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicants.
6. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions: (i) they 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; (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial; (iv) they shall not involve themselves in any offence of similar nature in future.
7. The observations made in the course of this order are only for considering the case of the applicants on the application for grant of anticipatory bail. The concerned trial Court shall not be influenced or bound by any observations made hereinabove. Sd/-
(Rajani Dubey)
Judge Uttej