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2025 DAILYLAW 48862 (CHH)

VIJAY KUMAR SAHU v. STATE OF CHHATTISGARH

MCRCA/1632/2025 · 2025-10-26

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Judgment text

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1 2025:CGHC:52335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1632 of 2025 1 - Vijay Kumar Sahu S/o Umashankar Sahu Aged About 30 Years R/o House No. 314, Sakre Gali, Ward No. 10, Village Tundri, Tehsil Dabhara, Distt. Sakti, Chhattisgarh. 2 - Raghunandan Agrawal S/o Rajesh Agarwal Aged About 35 Years R/o House No. 427, Village Tundri, Tehsil, Dabhara, Distt. Sakti, Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through P.S. Dabhara, Distt. Sakti, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Pragalbha Sharma, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.326/2025 registered at Police Station – Dabhara, District – Sakti (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 333, 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that a written complaint was made by the complainant against the present applicants that on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.28 18:57:03 +0530 2 28.09.2025, when the orchestra program ended, there was a verbal altercation between him an present accused persons regarding dropping the orchestra group and the present accused persons started abusing him with obscene language. Then, when the complainant returned to his house, the present applicants came to his house, abused his family and threatened to kill him, beat with a bamboo stick they had, causing injuries. Based on this, a crime was registered against them, therefore, FIR has been lodged against the applicants. Hence, this bail application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submits that there is counter complaint of the incident and on the date of incident, there was some quarrel took place between the parties regarding dropping the orchestra group. It is further argued that the allegations levelled against the present applicants are that they have assaulted the injured by hand-fist and blunt object, as per the MLC report, injured received multipal injuries on his body and over the his head and NCT of head was advised but there is no internal injuries/damages were found. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicants. 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 applicants, submissions made by learned counsel for the parties and also considering the fact 3 that applicants assaulted the injured with hand-fist and blunt object (stick) on his body and he suffered injuries which was found to be simple in nature and not dangerous to life, this Court is of the view that the applicants are 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 applicants – Vijay Kumar Sahu and Raghunandan Agrawal 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 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