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2025 DAILYLAW 5488 (CHH)

Sukh Sagar Gupta v. State of Chhattisgarh

MCRCA/116/2025 · 2025-01-23

body2025

Judgment text

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1 2025:CGHC:4244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 116 of 2025 1. Sukh Sagar Gupta S/o Chitrasen Gupta, Aged About 56 Years, R/o Village- Chhichhaur Umariya, Tehsil- Pusaur District-Raigarh (Chhattisgarh). 2. Rohit Patel S/o Kripal Singh Patel, Aged About 62 Years, Purani Basti, Kosmanda, Tehsil- Pusaur District- Raigarh (Chhattisgarh). 3. Bajrang Gupta S/o Sukhsagr Gupta, Aged About 24 Years, Village - Chhichhaur Umriya, Tehsil- Pusaur District - Raigarh (Chhattisgarh). ... Applicants versus  State of Chhattisgarh Through The Station House Officer, Police Station- Pusaur, District- Raigarh (C.G.). ... Respondent For Applicant :- Mr. Siddhant Tiwari, Advocate. For State :- Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.24 17:23:18 +0530 2 in connection with Crime No. 294/2024 registered at Police Station – Pusaur, District – Raigarh (C.G.) for the offences punishable under Sections 191(2), 190, 296, 115(2), 132, 121(1), 221 of BNS, 2023. 2. Prosecution case in brief is that the complainant namely "Shishupal Bhoy" lodged a written complaint before the Police Station Pusaur District-Raigarh wherein he stated that he is the public servant/in- charge of the paddy procurement center of the Cooperative Societylocated in the village - Chhichhor Umaria and working as a weigher since 29.11.2024, his job is to prepare weighing slip after getting the paddy weighed, on 16.12.2024, he was busy with his work and about 11.00 am to 11.30 am, where he was preparing the weighing slip of the farmers, the alleged applicant with other co-accused persons entered the premises without permission and weighed the unweighed sack of paddy by themselves in the electronic scale which was 42 kg whereas the weight of the paddy sack weighed by them was 40 kg 700 grams, due to this, an altercation between the parties took place where the alleged accused persons have obstructed the public servant from performing his duty, upon such basis, FIR has been registered against the accused person. 3 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that the other co-accused namely Prakash Nayak has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 12 of 2025 vide order dated 09.01.2025. Therefore, he submits that the present applicants are 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 applicants and submits that one of the applicants has one criminal antecedent with regard to istagasha case of year 2011, therefore, they are not entitled for anticipatory bail. 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 person, namely, Prakash Nayak has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 12 of 2025 vide order dated 09.01.2025. 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 4 directed that in the event of arrest of the applicants – Sukh Sagar Gupta, Rohit Patel and Bajrang Gupta on executing personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) the applicant(s) 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) the applicant(s) shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant(s) 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(s) 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 verified by the trial Court. (e) the applicant(s) shall not involve himself/herself/themselves in any offence of similar nature in future. - Sd/- (Ramesh Sinha) Chief Justice Ankit