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2025 DAILYLAW 52069 (CHH)

ABHISHEK PAL v. STATE OF CHHATTISGARH

MCRCA/1576/2025 · 2025-10-12

body2025

Judgment text

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1 2025:CGHC:50939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1576 of 2025 Abhishek Pal S/o Naresh Pal Aged About 41 Years R/o House No. 150/1, Street No. 8, Near Hanuman Mandir, Civic Centre, Bhilai, Tahsil And District Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Nevai, Bhilai, District Durg (C.G.) ...Non-applicant For Applicant : Mr. Rrahlad Shrivas, Advocate For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Mr. Pawan Kashyap, Advocate. 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.279/2025, registered at Police Station – Nevai, Bhilai District – Durg (C.G.) for the offence punishable under Sections under Section 184 of Motor Vehicle Act and Sections 109, 281 of BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.14 11:08:15 +0530 2 2. The prosecution story in brief is that, the applicant trying to kill the injures by driving the vehicle over the injured person. The allegation against the applicant is also that he assaulted the injured from the wooden stick and caused injures to the injured, therefore the offences as mentioned above has been registered. 3. The applicant submits that he is innocent and has been falsely implicated in the present case. The complainant/injured, who was an employee of a finance company that had granted a loan to the applicant, has lodged the present case due to a dispute that arose during the applicant’s visit for loan realization, and the incident has been deliberately given the colour of a criminal offence. It is further submitted that the injuries alleged are not grievous in nature, as the medical reports reveal no abnormality in respect of the injured person. Therefore, the applicant prays for grant of regular bail. 4. On the other hand, the learned State Counsel as well as the learned counsel for the objector opposed the bail application of the present applicant and submitted that the complainant had gone for realization of the loan, during which he and his companions were assaulted and sustained grievous injuries, and that the complainant, Amitesh Shukla, remained hospitalized for eight days. Therefore, the applicant is not entitled to be granted regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the dispute between the parties, and the material available in the case diary, this Court observes that although it has been alleged 3 that the complainant was assaulted by the applicant but the medical evidence, including the X-ray report, does not indicate any abnormality or grievous injury. Therefore, without expressing any opinion on the merits of the case, this Court is 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 – Abhishek Pal, 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 Vaibhav