Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7073
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 208 of 2025 Hemchand Rathore S/o Late Firturam Rathore Aged About 49 Years R/o Ward No. 1 Baradwar Sakti District - Sakti (C.G.)
... Applicant versus State of Chhattisgarh Through Police Station Baradwar District - Sakti (C.G.)
... Non-applicant For Applicant : Mr. Manoj Paranjape, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, U.K.S. Chandel, Dy, Adv. General. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 07.02.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 16/2025 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable under Sections 296, 351(2), 221, 132, 332(c), 118(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that an FIR of the incident was lodged at the instance of Motilal Chandra, Lineman Grade-1 of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.07 18:52:28 +0530
2 Chhattisgarh State Electricity Distribution Company, Baradwar, District Sakti. The FIR alleged that on 21.01.2025, at approximately 3:30 pm, while the complainant was performing his duties, the applicant entered the ofÏce, abused the complainant, threatened him, and physically assaulted him with his hands and fists. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He states that on the date of the incident, the applicant's daughter was getting married, and there was a power outage at his house. The applicant went to the power station to file a complaint, where an altercation ensued between the lineman and the applicant, resulting in injuries to the complainant, which are simple in nature. He also submits that the present applicant has 03 criminal antecedents under the IPC in which the applicant has already been acquitted, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant assaulted the complainant due to which the he suffered various injuries, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and material available in the case diary, it appears the injuries of the complainant are simple in nature, moreover, the applicant has 03
3 criminal antecedents under the IPC in which the applicant has already been acquitted, therefore, without further consideration on merits, I am inclined 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 - Hemchand Rathore, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 his adhaar card along with a coloured 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 Abhishek