Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 47784 (CHH)

PAWAN JAISWAL v. STATE OF CHHATTISGARH

MCRCA/1711/2025 · 2025-11-06

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1711 of 2025 • Pawan Jaiswal S/o Jagdish Jaiswal Aged About 50 Years R/o Krishna Vatika, Boirdadar, Raigarh, Tahsil And District Raigarh C.G. ...Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Chakradhar Nagar, District Raigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Mamta Jaiswal, Advocate and Mr. Ajay Pal Singh, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This is First 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. 470/2025 registered at Police Station – Chakradhar Nagar, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 324(4), 118(1), 190, 191(3), 305(A) and 3(5) of Bhartiya Nyay Sanhita in short BNS, 2023. 2. The prosecution story, in brief, is that on 22.10.2025, the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.10 16:45:03 +0530 2 complainant Manish Sawlani lodged report at Police Station, Chakradhar Nagar, alleging therein that on 22.10.2025, the father of complainant informed the present applicant through mobile that his son Shreyansh Jaiswal is calling from mobile phone of any lady and thereby disturbing the brother of complainant namely Pankaj Sawlani, upon which, the applicant became annoyed and started abusing to the father of complainant namely Chandra Kumar Sawlani. After sometime, the applicant and his family members came in HM Footwear Shop of the complainant and abused the complainant & his family members, threatened them and assaulted with the with the help of hand, fist & weapon, due to which, the complainant, his father & brother have received injuries. It was further alleged that the accused persons have taken the amount of Rs. 18,300/- kept in the counter. On the basis of said report, the alleged offences have been registered against the accused persons including present applicant. 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 applicants have never assaulted the complainant or his family members. He also submits that the applicant’s wife namely Nikki Jaiswal has also made complaint before the Police Station Chakradhar Nagar, upon which the crime No.471 of 2025 has been registered against the complainant and his family members for offence under Sections 115(2), 296, 3(5), 351(2), 75(1) of BNS. He also submits that on 3 the similar allegation, learned Court below has granted anticipatory bail to Nikki Jaiswal by order dated 25.10.2025. a copy of the same is annexed herewith as Annexure-P/5. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application. 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 levelled against the applicant and considering the fact that on similar allegation, learned Court below has granted anticipatory bail to the co-accused namely Nikki Jaiswal by order dated 25.10.2025, this Court is of the view that the applicant is also 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 – Pawan Jaiswal on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 4 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali