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2025 DAILYLAW 50675 (CHH)

MD. NADEEM v. STATE OF CHHATTISGARH

MCRCA/1518/2025 · 2025-10-05

body2025

Judgment text

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1 2025:CGHC:49656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1518 of 2025 • Md. Nadeem S/o Md. Yunus Aged About 36 Years R/o - Shop No. G- 12, Gate No. 11, Taxtile Market, Pandri Raipur, District Raipur C.G. ... Applicant versus • State Of Chhattisgarh Through P.S. Golbazaar Raipur, District Raipur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Mrs. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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.116/2025 registered at Police Station – Golbazar, District- Raipur (C.G.) for the offences punishable under Section 296, 351(2), 115(2), 119(1), 126(1), 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that complainant namely Moh. Sarfaraz lodged FIR after 15 days of the incident on 21.07.2025 alleging that on 06.07.2025 after he had his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.07 17:42:57 +0530 2 breakfast at Raju Tatyapara Chowk, when he was coming towards his home near Daphe School he was stopped by the co- accused persons and the present applicant after which they demanded money from the complainant for breakfast, when he deny to give money they started abusing and tried to snath the chain from the complainant but somehow the complainant ran away from the spot, and the complaint lodged the report after 15 days from the date of the incident. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant that no recovery has been made from the present applicant by the prosecution and FIR has been lodged after 15 days of the incident and investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand learned State counsel opposed the bail application and submits that applicant has no previous criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions made by learned counsel for the parties, also considering the fact that no recovery has been made from the present applicant and also 15 days delay in lodging complaint against the applicant, applicant has no criminal antecedent, 3 investigation and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on 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 – Md. Nadeem 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali