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2025 DAILYLAW 61203 (CHH)

GANGARAM PRAJAPATI v. STATE OF CHHATTISGARH

MCRCA/1960/2025 · 2025-12-14

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Judgment text

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1 2025:CGHC:61055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1960 of 2025 • Gangaram Prajapati S/o Hirauram Prajapati Aged About 75 Years R/o Village Mudhipar, Police Station And Tahsil Pithora, District : Mahasamund, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through- The Station House Officer, Police Station Pithora, District : Mahasamund, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Raghvendra Pradhan, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending his arrest in connection with Crime No.219/2025 registered at Police Station – Pithora, District – Mahasamund (C.G.) for the offence punishable under Sections 143 read with Section 3(5) of BNS, 2023. 2. The prosecution story, in brief, is that on 05.11.2025, the complainant namely Belarsan Baghel made written complaint stating therein that he is posted as Labour Sub Inspector at Mahasamund District and on 03.11.2025, the present applicant with other co- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 17:33:09 +0530 2 accused persons without making entry in the labour Office has taken some labour to another State i.e. Uttar Pradesh by alluring to provide more wages from the Chhattisgarh. On the basis of said complaint, the police reached at village and some labors were standing for going at Uttar Pradesh, thereafter FIR has been lodged against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is submitted that there is no any criminal antecedents against the present applicants. He also submits that applicant have neither committed nor participated in any act, for which the offence has been registered against him. Further, co-accused namely Ramdas Diwan has already been granted bail by the learned Court below vide order dated 14.11.2025 Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that one co-accused namely Ramdas Diwan has already been granted bail by the learned Court below vide order dated 14.11.2025 on the ground that there is no objection has been filed in granting bail to him by some labours namely Rajendra Jhareka, Naveen Jhareka, Govind Jhareka and Dr. Jhareka, in which they stated that co-accused namely Ramdas Diwan has no contact with them and he has been falsely implicated in crime in question. 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 levelled against the applicant and considering the 3 fact that applicant has no any criminal antecedents and also considering the fact that co-accused namely Ramdas Diwan has already been granted bail by the learned Court below vide order dated 14.11.2025, hence this Court is of the view that the applicant is 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 applicant – Gangaram Prajapati 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 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 their adhaar card alongwith a colored 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 vaishali