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2025 DAILYLAW 9017 (CHH)

KRIPAL RAVI v. STATE OF CHHATTISGARH

MCRCA/264/2025 · 2025-03-11

body2025

Judgment text

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1 2025:CGHC:12057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 264 of 2025 1 - Kripal Ravi S/o Panni Lal Aged About 48 Years R/o Village Gaybura, Chouki Pandrapath, P.S. Bagicha, District Jashpur, Chhattisgarh. 2 - Rakesh Ravi S/o Kripal Ravi Aged About 21 Years R/o Village Gaybura, Chouki Pandrapath, P.S. Bagicha, District Jashpur, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through P.S. Bagicha, District Jashpur, Chhattisgarh ---Respondents For Applicants : Shri Jai Prakash Shukla, Advocate. For Respondent/State : Ms. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.211/2024 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.12 17:52:43 +0530 2 Bagicha for the offence punishable under Sections 296, 351(2), 115(2), 333 (5) BNS, 2023. 2. Case of the prosecution, in brief, is that complainant Amanti Ravi made a report that, present applicants and Jagat Ravi all three visited near complainant house, abused her in filthy language, threatened to kill, in name of old animosity and in furtherance of that they entered in her house, beaten her son with club and stone and on being complainant came to rescue her son, she was also beaten by Kripal Ravi, on which crime no 211/2024 registered by P.S- Bagicha against present applicants and Jagat Ravi. 3. Learned counsel for the applicants submits that the applicants are innocent person and they have been falsely implicated in this case. He further submits that the applicants themselves have been victimized by the complainant and her family members, applicants had asked due amount from complainant and her family members on 02-11-2024 on which complainant and her family members attacked on applicant's family members, hearing shouting noise present applicants rushed to the spot and tried to rescue their family members where they have been badly beaten by complainant and her family members due to which they sustained severe injury for which they were required for medical treatment. He would submit that for the alleged offence present applicants submitted written report dated 16-11-2024 and 20-11- 2024 to police authorities but no action is taken on it and instead 3 of that applicants who are victims have been falsely implicated on behest of complainant. Applicant no 1 sustained severe injuries and had undergone medical treatment by getting admitted in hospital for two days from 05-11-2024 to 07-11-2024. He would submit that one of co-accused Jagat Ravi has been enlarged on regular bail from lower court itself vide order dated 03-12-2024. He would further submit that the complainant and family members have falsely implicated the present applicants so as to evade from the liability of borrowed amount taken by them from applicants. He would further submit that there is no any criminal antecedent against the applicant. Hence he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation and also considering the fact that the applicants were attacked by the complainant and her family members, one of the co-accused, Jagat Ravi has already been enlarged on regular bail by the lower court vide order dated 03-12-2024, there are no criminal antecedents against the applicants, this Court find it appropriate to grant anticipatory bail to the applicants. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1- Kripal Ravi & applicant No.2 Rakesh Ravi, on each of them executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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) They shall not involve themselves in any offence of similar nature in future. Sd/- d/- (Ramesh Sinha) CHIEF JUSTICE gouri