Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59314
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1843 of 2025 1 - Shesh Narayan Mahar S/o Bisouha Ram Mahar Aged About 38 Years R/o Lig Block E, Flat No. 803, Indraprastha Phase Ii Raipur, District - Raipur (C.G.) 2 - Mamta Mahar W/o Shesh Narayan Mahar Aged About 32 Years R/o Lig Block E, Flat No. 803, Indraprastha Phase Ii Raipur, District - Raipur (C.G.) 3 - Chandrabhan Kushwaha S/o Vrindavan Kushwaha Aged About 52 Years R/o 1/11 Ankpat Marg, In Front Of Jaat Dharamshala, Ujjain, Madhya Pradesh 4 - Shashi Sulkhe W/o Krishna Sulkhe Aged About 49 Years R/o A/27 Shitla Mandir Gali, Changorbhatha Raipur, District - Raipur (C.G.)
... Applicants versus State Of Chhattisgarh Through - Police Station Deendayal Nagar, District – Raipur (C.G.)
... Non-applicant For Applicants : Mr. Priyank Rathi, Advocate. For Non-applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 05.12.2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 413/2025 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 registered at Police Station – Deendayal Nagar, District – Raipur (C.G.) for the offence punishable under Sections 74, 304(2), 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the complainant has lodged the FIR against the applicants alleging that she is resident of Indraprastha Plase II, LIG Flat No. 803, and is an advocate by profession. She further alleged that on 12.09.2025, at about 10:30 PM, while she was on her way to her room, a few persons residing in her neighbourhood caught hold of her hands, assaulted her, broke her mobile phone, threatened her, and snatched her gold chain along with cash amounting to Rs. 5,000/-. On the basis of the said allegation, the crime was registered against the applicants. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case.
It is submitted that there are cross reports of the incident and the FIR which was lodged from the side of the applicants being case Crime No. 415/2025 at Police Station Deendayal Nagar, District – Raipur on 13.09.2025, and the complainant Mamta Mishra challenged the same in WPCR No. 519/2025, in which vide order dated 26.09.2025, the Division Bench of this Court has stayed the arrest of the complainant, and the applicants have come up before this Court for grant of anticipatory bail. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 3
5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, it transpires that there are cross reports of the incident and the FIR which was lodged from the side of the applicants being case Crime No. 415/2025 at Police Station Deendayal Nagar, District – Raipur on 13.09.2025, and the complainant Mamta Mishra challenged the same in WPCR No. 519/2025, in which vide order dated 26.09.2025, the Division Bench of this Court has stayed the arrest of the complainant, and the applicants have come up before this Court for grant of anticipatory bail, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Shesh Narayan Mahar, Mamta Mahar, Chandrabhan Kushwaha and Shashi Sulkhe on executing a personal bond with 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 Applicants 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 Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size
4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar