Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20501
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 641 of 2025 Ajay Sonkar S/o Ramesh Sonkar Aged About 24 Years R/o House No. 529, Ward No. 63, Behind Zone Office, Durga Chowk, Bhathagaon, P.S. Purani Basti, Tahsil And District Raipur, Chhattisgarh.
... Applicant versus The State Of Chhattisgarh Through S H O Purani Basti, District Raipur, Chhattisgarh.
... Respondent For Applicant : Shri Suraj Kumar Audheliya, 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 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.0134/2025, registered at Police Station -Purani Basti, District Raipur CG. for alleged commission of offence punishable under Sections 115(2), 118(1), 296, 351(2) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 12:04:22 +0530
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2. Case of the prosecution, in brief, is that on 13.04.2025, the complainant, a Class 10th educated Contractor and Owner of a Sugarcane-Juice Shop located near Bazaar Chowk, Bhatagaon, approached the Officers of PS Purani Basti, District Raipur CG, to file a formal complaint to the extent that, on 12.04.2025 at 8:30 PM, Ajay @ Ajju Sonkar, a local resident, arrived at the complainant's shop in an intoxicated state. When the complainant confronted him and demanded he cease such behavior, Ajay aggressively retorted, "Who do you think you are to forbid me?" He then allegedly issued death threats using obscene and vulgar language and physically assaulted the complainant with a sharp object, causing injuries to his head and left hand. On the report of complainant/informant, the Officers of PS Purani Basti registered an FIR under Sections 115(2), 296, 351(2) of BNS against the present Applicant. During investigation, Section 118(1) BNS was added separately.
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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 complainant sustained simple injuries during the incident and from the very next day (13.04.2025), he has resumed operations of his Sugarcane-Juice Shop. He would submit that the alleged offence is triable by a Magistrate, with a maximum penalty of 3 years imprisonment or a fine of ₹20,000. He would submit that story made by complainant is just opposite, as the applicant works as a motor-vehicle cleaner, on 12.04.2025, he was at a tea shop post-work, there the complainant has arrived at the tea shop in a drunken state, initiated a quarrel using obscene/vulgar language, and physically assaulted the applicant. The applicant attempted to file a complaint at
3 PS Purani Basti on the same day, but officers refused to register it. He would submit that the applicant has no previous criminal record and investigation 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. He would submit that the applicant has assaulted the victim with sharp object and the victim has suffered injury on forehead which was grievous in nature.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, also considering the nature of allegation that the applicant is said to have assaulted the victim with sharp object and the victim has suffered injury on forehead which was grievous in nature and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant - Ajay Sonkar, involved in Crime No.0134/2025, registered at Police Station - Purani Basti, District Raipur CG. for alleged commission of offence punishable under Sections 115(2), 118(1), 296, 351(2) of BNS is rejected. Sd/-Sd S SSS Sd/- (Ramesh Sinha)
Chief Justice gouri