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2025 DAILYLAW 60822 (CHH)

MANISH SURYAWANSHI @ SHIKHAR SURYAWANSHI v. STATE OF CHHATTISGARH

MCRCA/1930/2025 · 2025-12-07

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Judgment text

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1 2025:CGHC:59479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1930 of 2025 Manish Suryawanshi @ Shikhar Suryawanshi S/o Panchram Aged About 21 Years R/o Ward No. 23, Mother Teresa Ward, Jarhabhatha, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Civil Line, Bilaspur, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1245/2025 registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 331(4), 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that the complainant, Shailendra Jaiswal, lodged a report at the Police Station, Civil Lines, Bilaspur, alleging that on 20.10.2025, while he was performing worship at his house, some ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:16 +0530 2 persons were making abusive remarks on the roof. The complainant objected to this, upon which the accused persons, namely Pawan Chakradhari and his friends Manish Suryawanshi and Shivam Yadav, allegedly entered the complainant’s house, abused him, and Pawan Chakradhari threatened him with a knife. On the basis of the said report, offences were registered against the accused persons, including the present applicant. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He states that the applicant has neither abused the complainant nor threatened him in any manner. He submits that on the date of the incident, the applicant was not present at the place of occurrence, as he was performing his duties in the laboratory, which is evident from the certificate issued on 25.11.2025. The alleged offences are not punishable with life imprisonment or death. He further submits that the essential ingredients of the alleged offences are not made out against the present applicant. He also submits that the co-accused has already been granted regular bail by the trial Court. He submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that on the date of the incident, the applicant was not present at the place of occurrence, as he 3 was performing his duties in the laboratory, which is evident from the certificate issued on 25.11.2025 which is annexed with the present anticipatory bail application. Further, the applicant has no criminal antecedents. 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 - Manish Suryawanshi @ Shikhar Suryawanshi, 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 Abhishek