Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5641
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 137 of 2025 Ashok Agrawal S/o Mahavir Agrawal Aged About 55 Years R/o Main Road, Rajpur, Police Station and Tahsil Rajpur, District Balrampur - Ramanujganj (C.G.)
… Applicant versus State of Chhattisgarh Through Inspector, Police Station Kotwali Ambikapur, District - Surguja (C.G.)
... Non-Applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 30.01.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Second Anticipatory Bail, apprehending his arrest in connection with Crime No. 595/2024, registered at Police Station – Kotwali Ambikapur, District Surguja (C.G.) for the alleged commission of offence punishable under Sections 318(4), 338, 336(3) and 340(2) of Bharatiya Nyaya Sanhita,
2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.31 10:53:34 +0530
2
2. The earlier anticipatory bail application of the applicant, namely, Ashok Agrawal along with co-accused, namely, Ghanshyam Agrawal has been rejected by this Court in MCRCA No. 1473/2024 vide order dated
20.12.2024.
3. As per the prosecution story, upon investigation it has been found that the orders passed by Board of Revenue have been fabricated and tampered and thereby constituting offences under Sections 318(4), 336(3) and 340 (2) of B.N.S. 2023.
4.
Learned counsel for the applicant submitted that it is the second anticipatory bail applicantion and the first anticipatory bail application was rejected by this Court vide order dated 20.12.2024 and in compliance of the Court’s order dated 27.01.2025, the learned State counsel has verified the ailments of the applicant and submitted that the applicant is suffering from various ailments and he has undergone surgeries earlier and the applicant has also suffered from delay infection post-surgey on left hip. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 5. On the other hand, in compliance of the Court’s order dated 27.01.2025, the learned State counsel has verified the ailments of the applicant and submitted that the applicant is suffering from various ailments and he has undergone surgeries earlier and the applicant has also suffered from from delay infection post-surgey on left hip. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and the fact that it is the second anticipatory bail applicantion and the first anticipatory bail application was rejected by this Court vide order dated 20.12.2024 and in
3 compliance of the Court’s order dated 27.01.2025, the learned State counsel has verified the ailments of the applicant and the applicant is also suffering from various ailments and he has undergone surgeries earlier and the applicant has also suffered from from delay infection post-surgey on left hip, in view of the same, I am inclined to grant second anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ashok Agrawal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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 Preeti