Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:745
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1500 of 2024
1. Lala Ram Korram S/o Late Ban Singh Aged About 30 Years R/o Golawand P.S. Kondagaon District Kondagaon, Chhattisgarh
2. Jainu Sori S/o Late Nurha Sori Aged About 40 Years R/o Village Mungwal P.S. Baynar, District : Kondagaon, Chhattisgarh
... Applicant versus State of Chhattisgarh Through The Police Station Kondagaon, District : Kondagaon, Chhattisgarh
... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 06/01/2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.264/2024, registered at Police Station – Kondagaon, District : Kondagaon (C.G.) for the offence punishable under Sections 331(6), 296, 115(2), 351(2) and 191(2) of Bharatiya Nyay Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.07 14:30:19 +0530
2 2 The prosecution case in brief, is that the complainant has lodged the F.I.R against the present applicant and others and alleged that they have committed house trespass and assaulted to him and also abused to him, Police has registered the case against the present applicants and others for commission of offence under Sections 331(6), 296, 115(2), 351(2) and 191(2) of Bharatiya Nyay Sanhita. 3
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that as per F.I.R the name of the applicant No. 2 is not there means he has made accused on the basis of memorandum of co-accused and this will settle law that only the basis of memorandum of co-accused another accused cannot be convicted. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State opposes the bail application and submits that the present applicant and others have committed house trespass and assaulted to complainant and also abused to him. Therefore, he is not entitled to be granted anticipatory bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the documents available, it appears that the present applicant and others accused persons have committed house trespass and assaulted to complainant and also abused to him, as such, this Court deems it appropriate to reject the anticipatory bail of the present applicant.
3 7 Accordingly, the Anticipatory Bail application of applicant Nos. 1 and 2 - Lala Ram Korram and Jainu Sori involved in Crime No.264/2024, registered at Police Station – Kondagaon, District : Kondagaon (C.G.) for the offence punishable under Sections 331(6), 296, 115(2), 351(2) and 191(2) of Bharatiya Nyay Sanhita, 2023, is rejected.
Sd/- Sd/- ((Ramesh Sinha)
Chief Justice
Preeti