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2025 DAILYLAW 52008 (CHH)

KALAM @ GOLU v. STATE OF CHHATTISGARH

MCRCA/1572/2025 · 2025-10-12

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Judgment text

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1 2025:CGHC:50942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1572 of 2025 • Kalam @ Golu S/o Istekhar Aged About 20 Years R/o Village- Parvatipur, Police Station- Lundra, District Surguja C.G. ... Applicant versus • State Of Chhattisgarh Through Police Station- Lundra, District Surguja C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sushil Dubey, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/10/2025 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.160/2025 registered at Police Station – Lundra District- Surguja (C.G.) for the offences punishable under Sections – 296, 351(3), 115(2), 191, 140(3), 333 of BNSS. 2. The case of prosecution in brief is that the complainant Hajra Fiddausi submitted a written complaint against 9 persons including the present applicant before the Police Station - Lundra District- Surguja (C.G.) on 14.08.2025 stating that on 14.08.2025 at around VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:55:00 +0530 2 11:30 a.m. the accused persons entered into the house of the complainant while abusing and assaulted her son Sahil and took him in the car trunk of vehicle bearing No.CG15EG4226 and thereafter they left her son in District- Hospital Ambikapur. On the basis of written complaint, the concerned police registered an offence and took the matter under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He further submits that the allegation levelled against the present applicant is that he along with other accused persons entered into the house of the complainant, abusing and assaulted her son Sahil and took him in the car trunk of vehicle bearing No.CG15EG4226 and thereafter, they left her son in District-Hospital Ambikapur (C.G). He also submits that injury sustained by the injured are simple in nature, 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 opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that injury sustained by the injured are simple in nature, the investigation and conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of 3 the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kalam @ Golu, 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) 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 vaishali