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2025 DAILYLAW 52263 (CHH)

TIKENDRA SHARMA v. STATE OF CHHATTISGARH

MCRCA/1574/2025 · 2025-10-12

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Judgment text

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1 2025:CGHC:50940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1574 of 2025 • Tikendra Sharma S/o Shri Arun Kumar Sharma Aged About 45 Years R/o At Dr. Karuna Pandey Street, Azad Chowk, District- Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through- Ps Azad Chowk, District- Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Lukesh Kumar Mishra, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer For Objector Mr. Rudra Pratap Dubey, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.273/2025 registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 118(2) of BNS, 2023. 2. The prosecution story, in brief, is that the complainant lodged a complaint before the concerned police station stating that on 14.09.2025 some altercation took place between the applicant herein and himself as Durga Navratri Chanda was being demanded by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.15 10:36:17 +0530 2 complainant despite demise of native person. It was also the allegation that during altercation, the applicant assaulted him with some sharp object due to which complainant sustained injuries. Thereafter, offence has been registered against the applicant. Hence this bail application. 3. It has been argued by the learned counsel for the applicant that the applicants are innocent and has been falsely implicated in this case. It has also been argued by learned counsel for the applicant that there was some quarrel took place between the complainant and applicant, as a result applicant assaulted the injured and injured sustained multipal injuries. He further submits that there was amicable settlement has been taken place between the parties and the complainant himself has executed an affidavit in support of bail application of the applicant. A copy of the said affidavit annexed herewith as Annexure-A-3. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer made by learned counsel for the applicant. 5. Learned counsel for the Objector has no objection in granting bail to the applicant and submits that there was amicable settlement has been taken place between the parties and the complainant himself has executed an affidavit in support of bail application of the applicant. A copy of the said affidavit annexed herewith as Annexure- A-3. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and 3 gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires that there was amicable settlement has been taken place between the parties and the complainant himself has executed an affidavit in support of bail application of the applicant. A copy of the said affidavit annexed herewith as Annexure-A-3, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tikendra Sharma on executing a personal bond with 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. (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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali