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2025 DAILYLAW 50879 (CHH)

JITENDRA SINGH THAKUR v. STATE OF CHHATTISGARH

MCRCA/1592/2025 · 2025-10-14

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Judgment text

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1 2025:CGHC:51487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1592 of 2025 Jitendra Singh Thakur S/o Late Shyamlal Thakur Aged About 54 Years R/o Housing Board Colony Balodabazar, P.S. City Kotwali Balodabazar, District Balodabazar Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh P.S. City Kotwali Balodabazar, District Balodabazar Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. A.S. Rajput, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. Dhiraj K. Wankhede, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.10.2025 1. This is the third anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail by the applicant apprehending his arrest in connection with Crime No. 411/2024, registered at Police Station – City Kotwali, District – Balodabazar Bhatapara (C.G.) for the alleged commission of offences punishable under Sections 379, 392, 395, 34 of the Indian Penal Code (for short IPC). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 19:33:26 +0530 2 2. The earlier two anticipatory bail applications of the applicant were allowed by this Court vide orders dated 10.07.2025 and 24.06.2025 passed in MCRCA No. 753 of 2024 and MCRCA No. 897 of 2027. 3. As per the prosecution story, in short, on 05.01.2024 at about 6:00 PM, the co-accused Ashutosh, an officer of Cholamandalam, went to the house of the complainant, Akash Sahu, to ascertain the location of the vehicles. At that time, the complainant was at Ambikapur, therefore, he instructed his father over the mobile phone to inform the location. Upon reaching the specified place, the co-accused Ashutosh informed that an amount of Rs. 7.50 lakhs would have to be paid to avoid the seizure of the vehicles. The complainant responded that he had already paid Rs. 82,000/- on 02.01.2024, and only Rs. 56,000/- was requested thereafter, with an assurance that the remaining amount would be paid within five days. The complainant further assured that Rs. 58,000/- would be paid within 24 hours as he was working at Ambikapur. At that place, before the seizure, the complainant’s father, Manak Thakur, and one Golu Jaiswal agreed to pay the said amount. During this time, co-accused Ashutosh was found abusing and threatening the complainant over the phone, accusing him of being politically involved and alleging that, as a Congress worker, he had betrayed his people by supporting a BJP member. Ashutosh also abused and misbehaved with the complainant’s father. The complainant informed that the vehicles bearing registration numbers CG22-P-7350 and CG22-P-7400 were not in operable condition; despite this, Ashutosh insisted on their forcible seizure. Later that night, around 10:00 PM, both vehicles were unlawfully seized using a tractor and tow-chain crane without any prior notice or preparation of a panchnama. Consequently, Police Station City Kotwali, Balodabazar, 3 registered Crime No. 411/2024 for the offences punishable under Sections 379, 392, 395, and 34 of the Indian Penal Code. 4. Learned counsel for the applicant submits that this is the third anticipatory bail application filed on behalf of the present applicant. The first anticipatory bail application was allowed by this Hon’ble Court in MCRCA No. 753 of 2024 vide order dated 10.07.2025 on merits, for the offences punishable under Sections 379 and 34 of the IPC. Subsequently, Section 392 of the IPC was added, whereupon the applicant preferred a second anticipatory bail application, which was also allowed by this Hon’ble Court in MCRCA No. 897 of 2025 vide order dated 24.06.2025. Thereafter, Section 395 of the IPC was further added, leading the applicant to file the present, third anticipatory bail application. Learned counsel further submits that the applicant has no criminal antecedents and, therefore, prays that he may be granted anticipatory bail. 5. On the other hand, learned State counsel as well as learned counsel appearing for the objector oppose the prayer made by the learned counsel for the applicant for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the documents appended in the present anticipatory bail application. 7. Considering the facts and circumstances of the case, and taking into account that this is the third anticipatory bail application filed on behalf of the present applicant, it appears that the first anticipatory bail application was allowed by this Court in MCRCA No. 753 of 2024 vide order dated 10.07.2025 on merits, for the offences punishable under Sections 379 and 34 of the IPC. Subsequently, Section 392 of the IPC was added, whereupon the applicant preferred a second anticipatory bail application, 4 which was also allowed by this Court in MCRCA No. 897 of 2025 vide order dated 24.06.2025. Thereafter, Section 395 of the IPC was further added, leading the applicant to file the present, third anticipatory bail application. Also considering the fact that the applicant has no criminal antecedents, therefore, I am inclined to allow the present application and grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jitendra Singh Thakur on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek