Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52753
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1647 of 2025 Aakash Jaiswal S/o Krishna Kumar Aged About 34 Years R/o Sidhma (Wrongly Mentioned As Singhma), Outpost Bariyon (Wrongly Mentioned As P.S. Bariyon), P.S. Rajpur, District Balrampur-Ramanujganj, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh.
... Respondent For Applicant : Shri Bhupendra Singh, Advocate. For Respondent/State : Shri Nitansh Jaiswal, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 19:49:34 +0530
2 Crime No.220/2025 registered at Police Station – Outpost - Bariyon, P.S. - Rajpur, District-Balrampur- Ramanujganj (C.G.) for the offences punishable under Sections 331(4) & 305 (A) of B.N.S.
2. Case of the prosecution, in brief, is that on 22.09.2025 the complainant has filed a written complaint before the Outpost- Bariyon, P.S. - Rajpur, District- Balrampur- Ramanujganj (C.G.), against some unknown person regarding to the theft of the battery of his Tractor which was standing at the House of the Complainant. Thereafter the Police Of the Outpost Bariyon, P.S. Rajpur, District- Balrampur-Ramanujganj (C.G.) has lodged an FIR and during the Investigation it was found that the applicant has purchased the said battery from the Co-accused person who stole the said battery. Further the Police of P.S. Rajpur, added the name of applicant as an accused in the said case.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to personal enmity with the complainant and the allegations against the applicant are baseless and not supported by any cogent or reliable material on record and no ingredients of the alleged offences are made out against the applicant. He would submit that the applicant is a permanent resident of Village Sidhmaa, P.S. Rajpur, District Balrampur-Ramanujganj (C.G.), and there is no likelihood of his absconding or tampering with evidence, therefore, he submits that
3 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 there is one criminal antecedent of the applicant of the year 2019.
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 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 – Aakash Jaiswal, 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 dissuade him from disclosing such fact to the Court.
4 (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
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