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2025 DAILYLAW 55091 (CHH)

JHAMDAS RAJWADE v. STATE OF CHHATTISGARH

MCRCA/1614/2025 · 2025-10-15

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1 2025:CGHC:51730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1614 of 2025 1 - Jhamdas Rajwade S/o Dhanpat Rajwade Aged About 20 Years R/o Nevra, Police Station, Tahsil And District Surajpur, C.G. 2 - Dharmendra Kumar Rajwade S/o Bhuneshwar Rajwade Aged About 20 Years R/o Nevra, Police Station, Tahsil And District Surajpur, C.G. ...Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District- Surajpur, C.G ...Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who have apprehending his arrest in connection with Crime No. 246/2025 registered at Police Station – Surajpur District – Surajpur, (C.G.) for the offences punishable under Sections 331(6), 191(1), VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:43 +0530 2 191(2), 190, 127(2), 310(2), 351(3), 115(2), 324(6) and 296(B) of the BNS. 2. The prosecution case is that the complainant namely Aman Mittal lodged the report to the Police of Police Station Surajpur on 21-05- 2025 alleging in it that on 20-05-2025 at about 7.45 PM, when he was in his factory namely Virat Solvent Private Limited in Village Nevra, approx 10 masons came there to work and demanded for their wages and were told that the said wages would be paid on Wednesday, from which they started southing and about 8.15 PM, 15-20 persons with rod, club, stones became violent and started breaking the office and has caused injuries to the complainant and his co-workers and some persons have flue away with Rs.27,00,000/- in total with documents kept in the beg of his brother Ashish Mittal. Upon report, aforesaid offences has been registered against the applicants and other accused persons. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits thatthe applicants are innocent and have been falsely implicated in the present case. The dispute arose between the applicants and the complainant regarding wages, and it is alleged that the applicants assaulted the injured with a rod, club, and stone, causing injuries which are, in fact, simple in nature. Prima facie, the alleged offences are not made out against the applicants, as there are numerous persons working in the factory, and the present applicants are not specifically named in the FIR. It is pertinent to mention that the other co-accused, Ishwar Rajwade and Sonu Singh, have already been granted anticipatory bail 3 by this Hon’ble Court in MCRCA No.1520/2025 vide order dated 06.10.2025, and the present applicants. Similarly, some other accused persons were granted regular bail in MCRC Nos. 7813/2025 and 7168/2025. The complainant has also filed a concocted story alleging that the applicants and other accused persons looted Rs. 27,00,000 along with documents and gold and silver ornaments, which is entirely baseless., therefore, he prays for grant of anticipatory bail to the applicant. 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 and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that in this case, the other co-accused, Ishwar Rajwade and Sonu Singh, have already been granted anticipatory bail by this Hon’ble Court in MCRCA No.1520/2025 vide order dated 06.10.2025 and other accused persons were granted regular bail by this Court in MCRC Nos. 7813/2025 and 7168/2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jhamdas Rajwade & Dharmendra Kumar Rajwade on executing a personal bond and one 4 surety each in the like sum to the satisfaction of the arresting Officer, he 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 her 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 verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav