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2025 DAILYLAW 55967 (CHH)

VIRENDRA RATRE v. STATE OF CHHATTISGARH

MCRCA/1872/2025 · 2025-12-01

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Judgment text

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1 2025:CGHC:58435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1872 of 2025 Virendra Ratre S/o Jagbandhu Ratre Aged About 31 Years R/o Ward No. 05, Sarangarh, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Respondent For Applicant : Mr. Rohan Kumbhare, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.12.2025 1. The applicant has preferred his First Anticipatory Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 318/2025, registered at Police Station – Sarangarh District – Sarangarh-Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 109(1) and 310(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that on 02/07/2025 at about 09 PM, when the victim Mayuresh Kesharwani was in his shop Mona Marble at VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.03 12:05:22 +0530 2 that time around 10-15 persons attached him with iron rod and other weapons by which the victim sustained serious injuries. Complaint has been made by Amitesh Kesharwani who is the brother of the victim. It is stated in the FIR that the attack was pre-planned and was done under the instructions of Ajay Banjare who is the husband of Smt. Soni Banjare, President of Nagar Palika Sarangarh. It is also stated in the FIR that since past few days the victim was being threatened by way of Facebook and other social media platforms and the accused persons have looted cash and gold chain from the victim. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits thatthe applicant is innocent and has been falsely implicated in the present case, having no involvement whatsoever in the alleged incident. He has been roped in merely because he is a supporter of the President of Sarangarh Nagar Palika, Smt. Soni Banjare, who belongs to the Congress Party, whereas the victim is affiliated with the BJP, thus showing that the applicant has been falsely implicated for political and oblique purposes. The applicant has not been named in the FIR and has been implicated solely on the basis of conjectures, surmises, and the memorandum statements of other co-accused persons. Nothing is to be recovered from the applicant, and no self-incriminating statement is to be recorded from him, as the charge sheet has already been filed. It is further submitted that the victim has sustained only simple injuries, which fact has already been considered by this Hon’ble Court while granting bail to several co-accused persons, namely Ashish Kumar Patel (MCRC/6049/2025), Omprakash @ Raja Sahu (MCRC/6382/2025), Charu Sharma (MCRC/6644/2025), Dheeraj 3 Kahar (MCRC/6790/2025), Ajay Banjare (MCRC/7010/2025), Sanjay Miri (MCRC/7122/2025), Aayush Dubey (MCRC/7393/2025), Roshan Kumar @ Monu Tiwari (MCRC/7902/2025), Two Problems (MCRC/8359/2025), and co-accused Naveen Yadav, who has been granted anticipatory bail in MCRCA/1694/2025 by this Hon’ble Court vide order dated 04/11/2025. The applicant belongs to a reputed family and has no criminal antecedents. He is ready to comply with all the terms and conditions as may be imposed by this Hon’ble Court, Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the present applicant along with other co-accused person assaulted the injured, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of the injuries sustained by the victim being simple in nature, and the fact that nine other co-accused persons have already been granted regular bail and one co-accused has been granted anticipatory bail by this Court, therefore, without further commenting on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Virendra Ratre, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 4 (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 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