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2025 DAILYLAW 5025 (CHH)

VIVEK SINGH YADAV v. STATE OF CHHATTISGARH

MCRCA/120/2025 · 2025-01-23

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Judgment text

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1 2025:CGHC:4247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 120 of 2025  Vivek Singh Yadav S/o Shir Kedarnath Yadav, Aged About 28 Years, R/o Ward No. 12, Shukla Para Khaord Police Station Shivrinarayan District - Janjgir - Champa, Chhattisgarh. ... Applicant versus  State of Chhattisgarh through District Magistrate Janjgir - Champa Chhattisgarh. ... Respondent For Applicant :- Mr. Ashutosh Trivedi, Advocate. For State :- Mr. Hari Om Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 527/2024 registered at Police Station – Shivrinarayan, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 333, 324, 3(5) of the BNS. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.25 13:55:27 +0530 2 2. The prosecution's case, in brief, is that from the impugned order, states that on the date of the incident, i.e., 22/12/2024, at around 10:30 PM, one of the co-accused, Rishabh Kesherwani, went to the complainant’s house and started using filthy language from outside. Hearing this, the complainant came out of his house, at that point of time the co-accused made a phone call to the present applicant and another co-accused, Peeyush Yadaw. Subsequently, all of them began assaulting the complainant. Out of fear, the complainant ran back into his house. The applicant, with the assistance of the other co-accused, broke the door of the complainant’s house and assaulted him again. The incident was reported to Police Station Shivrinarayan, where Crime No. 527/2024 was registered against the present applicant and the other co-accused persons under Sections 296, 351(2), 115(2), 333, 324(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused namely Peeyush Yadaw has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 51 of 2025 vide order dated 13.01.2025. Therefore, he submits that the present 3 applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the co-accused co-accused namely Peeyush Yadaw has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 51 of 2025 vide order dated 13.01.2025. Therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vivek Singh Yadav on executing 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(s) 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(s) shall not act in any manner which will be prejudicial to fair and expeditious 4 trial. (c) the applicant(s) 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(s) 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(s) shall not involve himself/herself/themselves in any offence of similar nature in future. - Sd/- (Ramesh Sinha) Chief Justice Ankit