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2025 DAILYLAW 60316 (CHH)

SHASHANK TRIVEDI @ TODI v. STATE OF CHHATTISGARH

MCRCA/1817/2025 · 2025-12-04

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Judgment text

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1 2025:CGHC:59322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1817 of 2025 • Shashank Trivedi @ Todi S/o Shri Sushil Trivedi Aged About 36 Years R/o Gitanjali Park, Makan No. 39, P.S. Civil Line, Distt. Bilaspur C.G. ... Applicant versus • State of Chhattisgarh Through P.S.- Sarkanda, Bilaspur, Distt. Bilaspur C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajkumar Gupta, Advocate For Respondent/State : Mr. Jitendra Shrivatava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/12/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.934/2025, registered at Police Station – Sarkanda District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 318, 336(3), 338, 340, 61(2), 3(5) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.08 11:01:33 +0530 2 2. As per prosecution story in brief is that on 05.07.2025 the FIR has been lodged by the complainant Prakash against the 4 person namely Bhiya Lal Suryavanshi, Anuj Kumar Mishra, Rahul Patwa and Abhishek Dubey and stated that his ancestral property is situated at Gram Khamtarai, PHN 25 Khasra No.672 and total land is 56 decimal is recorded in the name of his late father Bhaiyalal Dubey. The accused persons have prepared false and fabricated documents and with the help of Bhiya Lal Surywanshi sold the property to Anuj Kumar Mishra and the registration of the land were executed on 04.02.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that there is no involvement of present applicant, only on the basis of memorandum statement of co-accused persons, present applicant falsely implicated in crime in question. He submits that two co-accused persons have already been granted bail by this Court in MCRCA Bo.1279 of 2025 vide order dated 22.08.2025. Therefore, he prays for grant of anticipatory bail to the present applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that applicant has eight previous criminal antecedents, out of which four cases are disposed of and other four cases are pending for their conclusion, it appears that applicant is a habitual offender, therefore, he is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, submissions made by learned counsel for the parties, material available on record, and further considering the fact that applicant has eight previous criminal antecedents, out of which four cases are disposed of and other four cases are pending for their conclusion, it appears that applicant is a habitual offender, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Shashank Trivedi @ Todi, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.934/2025, registered at Police Station – Sarkanda District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 318, 336(3), 338, 340, 61(2), 3(5) of BNS is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. sd/- (Ramesh Sinha) Chief Justice vaishali