Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:20495
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 648 of 2025 1 - Laxman Patel S/o Ghasidas Patel Aged About 32 Years R/o Village- Gopalpur, Police Station And Tehsil - Baramkela District- Sarangarh-Bilaigarh (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through Police Station Baramkela, District- Sarangarh-Bilaigarh (C.G.)
... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 05/05/2025
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.40/2025 registered at Police Station – Baramkela, District- Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 332(b), 64(2)(m), 351(2), 296 of BNS, 2023.
2. That the prosecution case is that the prosecutrix lodged in FIR No.0040/2025 at police station Baramkela on 13.04.2025 with VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.08 11:38:48 +0530
2 the allegation that her marriage was solemnized with Dasrath Patel in the year 2020 and she has two children. On 05.12.2024 when she was alone in the house at about 2-3 PM, her neighbor accused Laxman Patel came to her house and forcefully established physical relation and threatened her not disclose this incident to anyone. The applicant again came to her house after two weeks and again established physical relation with her. On 15.01.2025 when her husband Dasrath Patel went to the field in the night, the applicant came and forcefully established physical relation with her. She mustered courage and shouted, hearing her voice her husband came to home, she narrated the incidents. Her husband committed suicide by consuming poisonous substance. after this incidents she is staying in her parental house at village Kendua (Jalpur) Tehsil Saraipali District Mahasamund with her parents. After registration of FIR the police is investigating the matter and applicant is apprehending his arrest. Therefore applicant is filing this anticipatory bail application.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the FIR lodged under the circumstances would go to show that the prosecution case is prima facie not believable as the FIR has bee lodged by three months late, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
3
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 and looking to the seriousness of the offence and her neighbor committed suicide by consuming poisonous substance, as such, I am not inclined to grant anticipatory bail to the applicants.
7. Accordingly, the anticipatory bail application of the applicant– Laxman Patel filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.40/2025, registered at Police Station–Baramkela District – Sarangarh- Bialigarh (C.G.) for the alleged commission of offence punishable under Sections 332(b), 64(2)(m), 351(2), 296 of BNS, is rejected. Sd/- (Ramesh Sinha)
Chief Justice vaishali