Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5157
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 359 of 2025 1 - Xyz (Details Affidavit Of Victim Is In Closed Envelop)
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Station House Officer Of Police Station Civil Line Rampur,
District
Korba
(C.G.) 2 - Akhil Das Mahant S/o Shanti Das Mahant Aged About 22 Years R/o Manas Nagar, Op- Cseb P.S. Civil Line Rampur, Korba, Tehsil And District Korba (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Shubham Dev Mallick, Advocate For Respondent(s) : Mrs. Binu Sharma, Panel Lawyer
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 29/01/2025
1. The present petition is filed under Section 528 of BNSS, 2023. 2. Brief facts of the case the petitioner lodged a report against the
2 accused in Police Station Civil Line Rampur, Korba under Secton 366,376(2)(n) and 506 of IPC in Crime No. 372/2024. after registration of the said crime, the accused/respondent no. 2 submitted an anticipatory bail before the court below which was rejected, thereafter the accused filed bail application before this Court bearing MCRCA No. 989/2024. This Court vide its order dated 02.09.2024 has granted anticipatory bail to the accused but the accused is taking undue advantage of his bail. Apart from this, the charge sheet of the pending case against the accused is deposited in the archive on 22.08.2021. 3. Learned counsel for the petitioner contended that the accused is taking undue advantage of the bail granted to him and is threatening the petitioner to withdraw the case. He prays to allow this petition and direct the Court below to proceed the trial. 4. Learned counsel for the State raised no objection in this regard. 5. I have heard learned counsel for the respective parties and perused the record. 6. On perusal of record, I have found that accused Akhil Manikpur was granted anticipatory bail by this Court vide its order dated
02.09.2024. Perusal of order sheet dated 22.08.2024 of the Trial Court shows that Chief Judicial Magistrate, Korba has issued a permanent non-bailable warrant against the accused and sent the records to the archives. Perusal of Annexure A/3 shows that the accused is threatening the petitioner to withdraw the case and is giving her life threats through Instagram chats. 3
7. Anticipatory bail does not mean that a person cannot be arrested.
Instead, anticipatory bail means in the event of arrest the order of the anticipatory bail would be effective. 8. It is directed that the police station Civil Lines, Korba shall consider the above aspect and follow directions in the order dated 02.09.2024 passed by this Court in MCRCA No. 989 of 2024. Also, learned Trial Court is directed to proceed further. 9. With the aforesaid direction, the present petition is disposed off. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima