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2025 DAILYLAW 54870 (CHH)

AKASH RAI @ MONU RAI v. STATE OF CHHATTISGARH

MCRCA/1751/2025 · 2025-11-11

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:55107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1751 of 2025 Akash Rai @ Monu Rai S/o Mithlesh Rai Aged About 26 Years Permanent R/o Bypass Road Near Jeevan Jyoti P.O And P.S. Town Daltonganj, District Palamu, R/o Satyabhama Apartment Kusai P.O And P.S Doranda District Ranchi ... Applicant versus State Of Chhattisgarh Through P.S. - Telibandha, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kumar Jhikarwar, Advocate appearing through video conferencing, and Mr. Anand Dahariya, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 12.11.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 494/2024, registered at Police Station – Telibandha, District – Raipur (C.G.) for alleged commission of o昀昀ence punishable under Sections 109, 3(5), 111, 308(5) and 61(2) of BNS and Sections 25 and 27 of Arms Act. 2. As per the prosecution story in brief, is that on 13.07.2024 an FIR was registered on 13.07.2024 as Telibandha P.S. Case No.494 of 2024 alleging therein that the informant happens to be the employee of P.R.A. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 India Pvt. Ltd. Company, the o昀케ce of the company is located in Ring Road No.1 Industrial Building, Telibandha. On 13.07.2024 as usual he went for his duty at 8.30 AM. The driver of the companies Director for 昀椀lling petrol in vehicle No. CG04/NZ/8875 started his vehicle and was about to leave at about 11 AM, two unknown person covering their face on pulsar motorcycle came there and the person sitting as pillion rider having gun with intention to kill made 昀椀ring in front of the vehicle. FIR was lodged Under Sections 109, 3(5) of BNS and Section 25 &27 of the Arms Act against two unknown accused persons. The driver of the vehicle namely Govind Chatri was accompanied by the informant. The informant and the driver of the vehicle manage to save their life by entering in the o昀케ce. Thereafter again the pillion rider made two round 昀椀ring but the informant and the driver manged to save them, they after entering in the o昀케ce informed the gun man of the director who came outside and made 昀椀ring. The two unknown person manage to 昀氀ee away towards industrial building the informant saw the registration number of the motorcycle which was JH01DL4692. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that the applicant is in jail in a case registered at Jharkhand, bearing NIA Case No.01/2021, and he applicant is facing trial in the present case and the evidence is yet to be recorded, and on the basis of the memorandum statement of the co- accused the applicant is also implicated in the present case. Therefore applicant is entitle for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that the applicant has criminal antecedents which are 17 in numbers out of which in 5 cases the 3 applicant has been acquitted, and in all remaining cases, the applicant is on bail, except in NIA Case No.01/2021 registered in Jharkhand, and his criminal records goes to show that he is a habitual o昀昀ender though he is stated to be on bail in other cases. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, and the nature of allegations indicating that the applicant has criminal antecedents which are 17 in number out of which in 5 cases the applicant has been acquitted, and in all remaining cases, the applicant is on bail, except in NIA Case No.01/2021 registered in Jharkhand, but his criminal records goes to show that he is a habitual o昀昀ender though he is stated to be on bail in other cases, hence, this Court is of the opinion that the applicant is not entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the Anticipatory Bail application of the applicant – Akash Rai @ Monu Rai, 昀椀led under Section 482 of the BNSS, 2023 in connection with Crime No. 494/2024, registered at Police Station – Telibandha, District – Raipur (C.G.) for alleged commission of o昀昀ence punishable under Sections 109, 3(5), 111, 308(5) and 61(2) of BNS and Sections 25 and 27 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar