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2025 DAILYLAW 53114 (CHH)

AMIT CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/1597/2025 · 2025-10-14

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Judgment text

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1 2025:CGHC:51483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1597 of 2025 Amit Chandrakar S/o Shri Rajendra Chandrakar Aged About 34 Years R/o House No. H-367, Bazar Chowk, Village Palaud, P.S. Mandir Hasaud, Tehsil Arang, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Rakhi, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. B.L. Sahu, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer and Mr. Yogesh Pandey, Complainant Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 143/2025 registered at Police Station – Rakhi, Raipur, District Raipur (C.G.) for the offence punishable under Sections ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 19:33:26 +0530 2 74, 75(I)(II), 78, 296, 351(2), 3(5) of the BNS. 2. Prosecution case in brief is that on the date of the incident, a dispute arose between the injured person and the accused persons, during which the accused allegedly quarreled with the victim and abused him in filthy language. On the basis of the complaint lodged by the complainant, the police registered an offence under Sections 74, 75(I)(II), 78, 296, 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.) against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that on the date of the alleged incident, there was only a minor dispute between the parties, and the applicant neither assaulted the complainant nor committed any of the alleged offences. The injuries sustained by the complainant are simple in nature. It is further submitted that no incriminating material has been seized from the applicant, and there is no cogent evidence to connect him with the alleged crime. The FIR was registered merely on the basis of a false and exaggerated version of the incident. He further submits that the main accused Satyam Rajput was having a love affair with the victim and the present applicant is only a friend of the main accused. As such, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, opposes the prayer for 3 grant of anticipatory bail to the applicant and submits that the complainant in her statement herself has clarified the involvement of Satyam Rajput and Amit Chandrakar (applicant herein) in coercive and harassing conduct. As such, the anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it transpires that the present applicant neither assaulted the complainant nor committed any of the alleged offences. The injuries sustained by the complainant were also simple in nature and further no incriminating material has been seized from the applicant, and there is no cogent evidence to connect him with the alleged crime. As such, this Court deems it fit to grant benefit of anticipatory bail to the applicant observing that the case of the present applicant is distinguishable from that of the main accused namely- Satyam Rajput. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amit Chandrakar, 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) He should not directly or indirectly make any 4 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should 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 sureties 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) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek