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2025 DAILYLAW 49139 (CHH)

ANIL PANDEY v. STATE OF CHHATTISGARH

MCRCA/1649/2025 · 2025-10-28

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Judgment text

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1 2025:CGHC:52797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1649 of 2025 Anil Pandey S/o Kubernath Pandey Aged About 24 Years R/o Anand Vihar Near Jagriti School, Bhatagaon, Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Purani Basti, Raipur Chhattisgarh ... Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/10/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.334/2025 registered at Police Station – Purani Basti, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:49:34 +0530 2 Raipur (C.G) for the offences punishable under Sections 308 (2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that the written compliant filed by the complainant Renuka Netam, that the present applicant's friend namely Akash Tiwari, claiming to be journalist and assured the complainant that he is having connections with the CSP, took two lakh rupees in cash in exchange for getting her son released from the police station, a video recording of which is available. Based on this compliant, A FIR was registered against Akash Tiwari U/s. 308 (2) of IPC and on investigation was initiated and in the aforesaid crime police sought to arrest the applicant in the commission of the alleged offence 308 (2) and 3 (5) of BNS act by the police of police station Purani Basti, Raipur (C.G.). 3. Learned counsel for the applicant submitted that there were two co-accused persons from whom the extortion money out of Rs.2 lakhs Rs.1,90,000/- was recovered from both of them and from the memorandum statement of the said co-accused the name of the applicant has come into light. It is stated that from the extortion amount which was taken Rs.10,000/- has been recovered from the applicant. He would submit that the applicant is having 8 criminal antecedents and all the criminal cases are before 2009. He would submit that other co accused Anurag Sharma has been granted bail by the lower court on 21.08.2025. He would further submit that the applicant is the permanent resident of the address as shown in the cause title, therefore, there is no chance of his 3 absconding or tampering with the prosecution witnesses, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the applicant is having 8 criminal antecedents which are before 2009. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant, further the fact there are 8 criminal antecedents of the applicant which are old and stale and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Anil Pandey, on executing a personal bond and 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 4 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 his 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri