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2025 DAILYLAW 54268 (CHH)

BADAL VERMA v. STATE OF CHHATTISGARH

MCRCA/640/2025 · 2025-05-04

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Judgment text

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1 2025:CGHC:20502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 640 of 2025 Badal Verma S/o Bed Kumar Verma Aged About 20 Years R/o Gram - Devri, Tahsil And P.S. - Bhatapara Gramin, District Balodabazar-Bhatapara (Wrongly Mentioned In Bail Order As District Balodabazar), Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. - Bhatapara Gramin, District Balodabazar-Bhatapara (Wrongly Mentioned In Bail Order As District Balodabazar), Chhattisgarh ... Respondent For Applicant : Shri Ramayan Yadav, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05/05/2025 1. The applicant has preferred this second application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 58 of 2025, registered at Police Station Bhatapara Gramin, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 12:01:57 +0530 2 District Balodabazar-Bhatapara, CG, for alleged commission of offence punishable under Sections 109(1), 296, 351(2), 3(5) BNS. 2. According to the prosecution's story, it is alleged that a tussle ensued between the applicant and the complainant while the applicant was making a video on his mobile phone regarding the broken CCTV camera at his uncle's house. Consequently, an FIR was registered against the applicant and other co-accused persons under Sections 109(1), 296, 351(2), and 3(5) of BNS, 2023. 3. Learned counsel for the applicant submits that the first anticipatory bail application of the applicant was rejected by this Court on merits vide order dated 18/02/2025, therefore this second anticipatory bail application is filed on the ground that the applicant has been operated for acute appendicitis on 10/04/2025 at Avanti Multi-speciality Hospital, Raipur. He would submit that charge sheet has not been filed and trial is likely to take time, therefore he prays to enlarge the applicant 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. From perusal of the records, it transpires that this is the second anticipatory bail application of the applicant and first anticipatory bail application of the applicant was rejected by this Court vide order dated 18/02/2025 vide MCRCA No.241/2025 on merits. This second anticipatory bail application has been filed on the ground that the 3 applicant had undergone operation for acute appendicitis on 10/04/2025 at Avanti Multi-speciality Hospital, Raipur, considering the fact that first anticipatory bail application was rejected on merits and it is a case where the applicant with co-accused person is said to have assaulted the injured with knife who received grievous injuries, therefore I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the second anticipatory bail application of the applicant - Badal Verma, involved in Crime No. 58 of 2025, registered at Police Station Bhatapara Gramin, District Balodabazar-Bhatapara, CG, for alleged commission of offence punishable under Sections 109(1), 296, 351(2), 3(5) of BNS is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri