Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 46385 (CHH)

NARENDRA KUMAR PARJA v. STATE OF CHHATTISGARH

MCRCA/69/2025 · 2025-01-15

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 69 of 2025 Narendra Kumar Parja S/o Maniram Parja Aged About 27 Years R/o Village Tamnar P.S And Tahsil Tamnar District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Tamnar District - Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Ashutosh Mishra, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. The matter has been listed in defaults which have been pointed out by the Registry. 2. The learned counsel for the applicant is directed to make necessary corrections in the anticipatory bail application during the course of the day. 3. In view of the above, the defects pointed out by the Registry are over ruled. 4. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 arrest in connection with Crime No.196/2024 registered at Police Station Tamnar District- Raigarh, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 126(2), 3(5), 191(2), 112(2) of Bhartiya Nyaya Sanhita, 2023. 5. Prosecution case, in brief, is that, on 22.07.2024, a report was lodged by one Ghanshyam Sidar/complainant before the concerned police station alleging therein that on 20.07.2024, the complainant went to Babloo Mobile to get his mobile repaired and when he was returning back one Raa Bohidar, Ramesh and others accused stopped him and assaulted him due to some previous enmity. Therefore, FIR was lodged against them and investigation was initiated by the Police and offences under section Section 296, 351(2), 115(2), 126(2), 3(5), 191(2), 112(2) of Bhartiya Nyay Sanhita, 2023 was registered. 6. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He further submits that it is pertinent to mention that there is nothing to show that the applicant has committed any heinous offence whatsoever alleged and there is delay in lodging FIR and it is completely an afterthought. The applicant was not even present there at the time of incident. He further submits that the co-accused namely Mahesh Kumar Sidar has already been granted anticipatory bail by this Court in MCRCA No. 1131/2024. Accordingly, he prays for grant of anticipatory bail to the applicant. 7. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the present applicant 3 along with other co-accused persons have assaulted the complainant on account of which he received various injuries, therefore, he is not entitled for grant of anticipatory bail. 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it appears that the injuries received by the complainant is simple in nature, moreover in the present case, co-accused namely Mahesh Kumar Sidar has already been granted anticipatory bail by this Court in MCRCA No. 1131/2024, vide order dated 03.10.2024 and the case of the applicant is identical to that case of co-accused, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Narendra Kumar Parja on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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. 4 (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) He shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal