Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54621
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1729 of 2025 Shrawan Kumar Surya S/o Chaturbhuj Surya, Aged About 30 Years R/o Village Fulwar, Police Station Basna, District Mahasamund (C.G.)
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Saraipali, District Mahasamund (C.G.) ... Respondent For Applicant : Shri Chandra Kumar, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10/11/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.382/2017 registered at Police Station – Saraipali, District Mahasamund (C.G.) for the offences punishable under Sections 294, 323, 325, 506 & 326 of Indian Penal Code as per charge sheet.
2. Case of the prosecution, in brief, is that on 25-11-2017, the sister Sumitra Barik and brother-in-law Hem Chand Barik arrived at GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:31 +0530
2 complainant Lilima Nand in Gohiripali around 11.00 AM, then his brother-in-law Shrawan Kumar arrived and started arguing with Lilima started abusing her and insisted that she accompanied him to her in- laws house, when the complainant refused the applicant attacked her with sharp weapon, seeing that the complainant sister tried to intervene, the village Kotwar Shivpal and other persons taken her to CHC Saraipali.
3. It has been argued by learned counsel for the applicant that initially the FIR was registered for offence under Sections 294, 323, 325, 506 IPC in which the applicant was released on personal bond and it is stated that during the course of trial, an application was moved by the prosecution under Section 216 Cr.P.C. for adding 326 IPC, hence charges have been framed for the said offence for which the applicant has come up before this Court for anticipatory bail in the said added offence and his bail application has been rejected by the trial court. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, material available on record, considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant.
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shrawan Kumar Surya, 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:- (a) The applicant 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 shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha)
Chief Justice gouri