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2025:CGHC:60038
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1908 of 2025 Awan Kumar S/o Nemichand Aged About 33 Years R/o Gram Kurdi, Police Station Arjunda, Teh, And Distt- Balod (C.G.)
... Applicant versus State of Chhattisgarh Through- Station House O昀케cer, Police Station Arjunda, Teh, And Distt- Balod (C.G.)
... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 10.12.2025
1. This 昀椀rst anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been 昀椀led by the applicant, who is apprehending his arrest in connection with Crime No. 146/2025 registered at Police Station – Arjunda, District – Balod (C.G.) for the o昀昀ences punishable under Sections 221, 121(1), 132, 190, 191(2), 192, 296, 324(4), 127(1) and Section 351(3) of the Bhartiya Nyaya Sanhita,
2023.
2. The prosecution story in short is that on 23.10.2025, between 20:30 hrs and 21:00 hrs, the house of Kamlesh Sahu, who was accused of injuring three persons by attacking them with a sickle, was surrounded by villagers who were creating a ruckus and raising slogans that they would ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.11 11:26:30 +0530
2 kill him. Due to the tense situation, the Cyber Team and forces from other police stations arrived for law-and-order duty, and the police placed the suspect under a safe cordon. The police team safely removed the accused, Kamlesh Sahu, from the house and placed him in a government vehicle. At this, the mob became furious and began pelting stones at the members of the Cyber Team and at the police vehicle, abusing them and vandalizing the vehicle, shouting that they would not spare the Cyber Team. In this incident, the complainant, Constable Akash Soni, sustained injuries.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused persons, namely, Deva @ Dewvrat Sahu, Ishwar Lal Bhandari, Heera Lal Sahu, David Kumar Sahu, Parmeshwar Dewangan, Man Singh Dewangan, Pomesh Kumar, Mukesh Nath Yogi, Lukeshwar Kumar, Tukesh Nishad and Pritam Thakur, have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1842 of 2025 vide
order dated 24.11.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case that in the present case, the co-accused persons, namely, Deva @ Dewvrat Sahu, Ishwar Lal Bhandari, Heera Lal Sahu, David Kumar Sahu, Parmeshwar Dewangan, Man Singh Dewangan, Pomesh Kumar, Mukesh Nath Yogi, Lukeshwar Kumar, Tukesh Nishad and Pritam Thakur, have already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1842
3 of 2025 vide order dated 24.11.2025. Therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Awan Kumar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O昀케cer, she 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 veri昀椀ed by the trial Court. (e) he shall not involve himself in any o昀昀ence of similar nature in future.
Sd/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek