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2025 DAILYLAW 50886 (CHH)

ISHWAR RAJWADE v. STATE OF CHHATTISGARH

MCRCA/1520/2025 · 2025-10-05

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Judgment text

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1 2025:CGHC:49654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1520 of 2025 1 - Ishwar Rajwade S/o Late Karan Sai Aged About 43 Years, 2 - Sonu Singh S/o Peelang Singh Aged About 28 Years, Both R/o Nevra, Police Station, Tahsil And District Surajpur C.G. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District Surajpur C.G. ... Respondent For Applicants : Shri Anil Gulati, Advocate. For Respondent/State : Shri Bharat Gulabani, PL. For objector : Shri Sanjay Agrawal, Advocate. Hon'ble Shri 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 have been filed by the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.07 14:37:27 +0530 2 applicants, who are apprehending their arrest in connection with Crime No.246/2025 registered at Police Station – Surajpur, District Surajpur (C.G.) for the offences punishable under Sections 331(6), 191(1), 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6) and 296 (B) of Bhartiya Nayaya Sanhita. 2. Case of the prosecution, in brief, is that the complainant namely Aman Mittal lodged the report to the Police of Police Station Surajpur on 21-05-2025 alleging in it that on 20-05-2025 at about 7.45 PM, when he was in his factory namely Virat Solvent Private Limited in Village Nevra, approx 10 masons came there to work and demanded for their wages and were told that the said wages would be paid on Wednesday, from which they started shouting and about 8.15 PM, 15-20 persons with rod, club, stones became violent and started breaking the office and has caused injuries to the complainant and his co-workers and some persons have flee away with Rs.27,00,000/- in total with documents kept in the bag of his brother Ashish Mittal. Upon report, aforesaid offences has been registered against the applicants and other accused persons. 3. Learned counsel for the applicants submits that the dispute took place between the applicants and complainant regarding the wages, on account of which it is alleged that the applicants have assaulted the injured with rod, club and stone, resultantly injured suffered various injuries and the injuries which was sustained by 3 the injured are simple in nature. He would submit that co-accused person Dilip Kumar has been enlarged on regular bail by this Court in MCRC No.7168/2025 on 09-09-2205. Therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the objector oppose the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that co-accused person Dilip Kumar has been enlarged on regular bail by this Court in MCRC No.7168/2025 on 09-09-2205 and further the fact that injuries sustained by the injured are simple in nature, therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ishwar Rajwade & Sonu Singh, on each of them 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) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri