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2025 DAILYLAW 7608 (CHH)

SHARAD YADAV v. STATE OF CHHATTISGARH

MCRCA/201/2025 · 2025-02-05

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:6546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 201 of 2025 Sharad Yadav S/o Govind Ram Yadav Aged About 25 Years R/o Village Sirsakhurd, Ward No. 08, Thethwar Para, Outpost - Jevra - Sirsa, P.S.- Pulgaon, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - DM, Dist. - Durg ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05.02.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 477/2024, registered at Police Station – Pulgaon, District – Durg (C.G.) for the alleged commission of offence punishable under Sections 296, 333, 115(2), 326(F), 3(5), 190, 191 of the Bhartiya Nyaya Sanita, 2023. 2. According to the prosecution's case, the complainant, Soniya Goswami, lodged a complaint against the applicant, alleging that on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.06 17:46:12 +0530 2 03.12.2024, she and her family members were discussing an old quarrel near Bhuneshwar Yadav's house. Her neighbor, Ashish Netam, informed her that some boys were fighting and quarreling with her father. When Soniya reached her house, she saw Sharad Yadav (the applicant), Khilesh Yadav, Suraj Yadav, Yash Dhumal, and his companions beating her father, Madhav Goswami, with their hands and fists. Furthermore, the Bolero car parked outside the complainant's house was set on fire by the accused, who poured a liquid accelerant on it. As a result, Soniya's father sustained injuries, and the car was destroyed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is an old rivalry between the applicant and the complainant and due to this a false case has been registered against the present applicant. He further submits that the other co- accused, namely, Lucky Yadav has already been granted anticipatory bail by this Court on 17.12.2025, therefore, he prays that the applicant is also entitled for grant of anticipatory bail on the ground of parity. 4. On the other hand, the learned State counsel opposed the submissions made by the learned counsel for the applicant and submitted that the present applicant, along with co-accused persons, assaulted the complainant's father with their hands and fists and set fire to the complainant's Bolero car, which was parked outside the complainant's house, therefore, he is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, it appears that the present applicant, along with co-accused persons, assaulted the complainant's father with their hands and fists and set fire to the complainant's Bolero car, which was parked outside the complainant's house, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Sharad Yadav, involved in Crime No. 477/2024, registered at Police Station – Pulgaon, District – Durg (C.G.) for the alleged commission of offence punishable under Sections 296, 333, 115(2), 326(F), 3(5), 190, 191 of the Bhartiya Nyaya Sanita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek