Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1563
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 31 of 2025 Vinay Kaushal S/o Priyalal Kaushal Aged About 30 Years R/o Ward No. 08 Jarhabhatha, Police Station- Civil Line Bilaspur, District- Bilaspur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through- Police Station- Civil Line, Bilaspur, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 09.01.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 422/2024 registered at Police Station – Civil Line, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 327, 294, 506, 323, 427 and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that on 08.05.2024 the applicants along with other co-accused demanded money form the complainant Rupesh Dubey for taking liquor, due to non-fulfillment of demand the present accused persons assaulted to Rupesh Dubey, result he received the injury. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that a total of 4 accused persons are involved in the present case, and one co-accused person has been granted anticipatory bail by this Court vide order dated 12.12.2024 passed in MCRCA No. 1382/2024. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary it transpires that on 08.05.2024 the applicants along with other co-accused demanded money form the complainant Rupesh Dubey for taking liquor, due to non- fulfillment of demand the present accused persons assaulted to Rupesh Dubey, result he received the injury. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6.
Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that a total of 4 accused persons are involved in the present case, and one co-accused person has been granted anticipatory bail by this Court vide order dated 12.12.2024 passed in MCRCA No. 1382/2024, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vinay Kaushal on executing a personal
3 bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. (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 alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar