Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58667
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1901 of 2025 Sunil Bhoi S/o Ballu Bhoi Aged About 22 Years R/o Bichpara Chilhati, P S Mopka, District Bilaspur (C.G.).
--- Applicant. versus State Of Chhattisgarh Through District Magistrate Kabirdham (C.G.)
--- Respondent. For Applicant : Shri Ankur Diwan, Advocate appears through V.C. For State/Respondent : Shri Malay Jain, Panel Lawyer.
MCRCA No. 1905 of 2025 Sunil Bhoi S/o Ballu Bhoi Aged About 22 Years R/o Bichpara Chilhati, Ps Mopka, District- Bilaspur, Cg.
---Applicant. versus State Of Chhattisgarh Through District Magistrate Kabirdham (C.G.).
-- Respondent.
For Applicant : Shri Ankur Diwan, Advocate appears through V.C. For State/Respondent : Shri Amit Verma, Panel Lawyer. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.04 17:56:19 +0530
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Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
03/12/2025
1. Since in the aforesaid anticipatory bail applications, the applicant is one and the same, they are being clubbed together and are being disposed of by this common order.
2. MCRCA/1901/2025 is the first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the applicant, who is apprehending his arrest in connection with Crime No.4/2025, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 112, 3 (5) BNS.
3. MCRCA/1905/2025 is the first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the applicant, who is apprehending his arrest in connection with Crime No.183/2025, registered at Police Station – Kabirdham (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 112, BNS.
4. The prosecution case, in brief, in MCRCA/1901/2025 is that, on 05.01.2025, some unknown persons have stolen about 35 goats worth Rs.1,00,000/- from the house of the complainant and hence an FIR has been registered against the name of unknown persons at PS Pandariya and later on the name of the applicant was also added on the basis of memorandum statement of the
3 other accused persons.
5. The prosecution case, in brief, in MCRCA/1905/2025 is that, on 30.04.2025, some unknown persons have stolen about 30 goats worth Rs.1,00,000/- from the house of the complainant and hence an FIR registered against the name of unknown persons at PS Kabirdham and later on the name of the applicant was also added on the basis of memorandum statement of the other accused persons.
6.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. Learned counsel submits that there is no material collected by the prosecution to tie the present applicant for commission of the alleged offences.
Learned counsel for the applicant submits that on the basis of memorandum statement of other co-accused persons, name of the applicant has been added. Learned counsel further submits that other co-accused persons namely Shahil Khan, Shabban Khan, Sabbir Khan, Gaurav Dhuri, Manish Patel have been enlarged on bail by the courts below. Hence, he prays for grant of anticipatory bail to the present applicant.
7. On the other hand, learned counsel for the State opposes the bail application and submits that the alleged theft of domestic goats total 65 in number is amounting to near about Rs.2,00,000/-.
8. I have heard learned counsel appearing for the parties and perused material available on record.
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9. Taking into consideration the facts and circumstances of the case, submission of counsel for the parties, nature of allegation made against the present applicant and the fact that 65 domestic goats have been stolen amounting to near about Rs.2,00,000/-, this Court is of the view that it will be appropriate to reject both anticipatory bail applications of the present applicant.
10. Accordingly, both the Anticipatory Bail applications of applicant - Sunil Bhoi involved in Crime No.4/2025, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 112, 3 (5) BNS and involved in Crime No.183/2025, registered at Police Station – Kabirdham (C.G.) for the offence punishable under Sections 331 (4), 305 (a), 112, BNS, is rejected.
Sd/-
((Ramesh Sinha) Chief Justice
Avinash