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2025 DAILYLAW 47984 (CHH)

GAUTAM YADAV v. STATE OF CHHATTISGARH

MCRCA/1934/2025 · 2025-12-07

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Judgment text

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1 2025:CGHC:59477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1934 of 2025 Gautam Yadav S/o Nakul Prasad Yadav Aged About 27 Years Resident of Village- And Post Janji Police Station Seepat, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House O3cer, Mulmula, District- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. C. Jayank K. Rao, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This :rst anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been :led by the applicant, who is apprehending his arrest in connection with Crime No. 310/2025 registered at Police Station – Mulmula, District Janjgir-Champa (C.G.) for the o?ences punishable under Sections 296, 115(2), 308(2), 351(3), and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 28.09.2025 at about 1:30 a.m., the complainant, Gendram Kaiwartya, resident of Village Karumahu, Police Station Mulmula, was returning from the Durga Pandal when an unknown person vomited in front of his house, upon which he shouted. At that place, the car of accused Hemlal Yadav was parked. Thereafter, when ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:16 +0530 2 the complainant returned to the Durga Pandal, accused Hemlal Yadav came along with two other persons, used :lthy language against the complainant, and threatened to kill him. Accused Hemlal Yadav also alleged that the complainant had damaged his car, due to which the complainant paid Rs. 4,000/- to him. On this basis, an o?ence was registered at Police Station Mulmula under the aforesaid sections. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that no o?ence under the above-mentioned sections is made out against the present applicant. Prima facie no case is made out against the present applicant. He also submits that the name of the present applicant is not mentioned in the FIR, nor is there any allegation of his presence in the FIR. The applicant was not present at the place of incident. He further submits that the main accused, namely Hemlal Yadav, has already been granted bail by the Judicial Magistrate First Class, Pamgarh, District Janjgir–Champa (C.G.). He submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the o?ence and the material on record in the case diary, it appears that the name of the present applicant is not mentioned in the FIR, nor is there any allegation of his presence at the scene of occurrence. Further, the main accused, namely Hemlal Yadav, has already been granted bail by the concerned trial Court. 3 Therefore, without commenting further on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gautam Yadav, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O3cer, he shall be released on 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. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be veri:ed by the trial Court. (e) he shall not involve himself in any o?ence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek