SHUBHAM JADOUN @ SHUBHAM RAJPUT v. STATE OF CHHATTISGARH
MCRCA/185/2025 · 2025-02-04
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6386 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6386 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:6336
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 185 of 2025 Shubham Jadoun @ Shubham Rajput S/o Ashok Kumar Aged About 18 Years Presently Residing At Vip City Saddu Raipur Chhattisgarh Wrongly Mentioned In Order Sheet As Shubham Jadon @ Shubham Rajput, S/o Ashok Kumar, Address At VIP City Saddu Raipur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Vidhansabha District Raipur (C.G.)
... Non-Applicant(s) For Petitioner(s) : Mr. Arjit Tiwari, Advocate. For Respondent(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 04.02.2025
1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 connection with Crime No.658/2024 registered at Police Station Vidhansabha District Raipur (C.G.) for the offence punishable under Sections 115(2), 127(1), 191(2), 191(3), 296, 351(2), 117(4) of Bharatiya Nyaya Sanhita (for short ‘BNS’).
2. Prosecution case in brief is that the complainant filed a report at Vidhan Sabha Police Station alleging therein that the applicant alongwith other six co-accused persons have assaulted the complainant/injured with iron pipes and sticks, causing him head injury, thereafter, the alleged offence has been registered against the applicant.
3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that applicant is 18 years old student and one of the co-accused persons, namely, Shreyansh Kurre, has already been granted anticipatory bail by this Court vide order dated 20.01.2025 in MCRCA No.101/2025 and the case of present applicant is identical to that of the co-accused person, further the main co-accused person has been granted bail by the learned trial Court and one co-accused, Rishabh Verma has been granted regular bail by this Court vide order dated 27.01.2025 in MCRC No.755/2025, hence he prays for grant of anticipatory bail to the applicant.
4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant alongwith
3 other six co-accused persons have assaulted the complainant/injured with iron pipes and sticks, causing him head injury, therefore, he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, nature of dispute and material available in case diary, and the fact that the applicant alongwith other six co-accused persons have assaulted the complainant/injured with iron pipes and sticks, causing him head injury, but the injury sustained by the injured is found to be simple in nature and one of the co-accused persons, namely, Shreyansh Kurre, has already been granted anticipatory bail by this Court vide order dated 20.01.2025 in MCRCA No.101/2025 and the case of present applicant is identical to that of the co-accused person, further the main co-accused person has been granted bail by the trial Court and one co-accused, namely, Rishab Verma has ben granted regular bail by this Court vide order dated 27.01.2025 in MCRC No.755/2025, as such, without further commenting anything on merits, this Court find it appropriate 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 - Shubham Jadoun @ Shubham Rajput, on executing a personal bond with one surety
4 in the like sum to the satisfaction of the arresting Officer, 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 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) He shall not involve himself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil