Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:5030
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1980 of 2025 Dhanraj Ratre S/o Neelkanth Ratre Aged About 20 Years Caste- Satnami, Occupation- Farmer, R/o Village- Nariyara, Police Station And Tahsil- Hasaud, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Malkharauda, District- Sakti (C.G.) ... Respondent For Applicant : Shri Chandrikaditya Pandey, Advocate. For Respondent/State : Ms. Monika Thakur, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 29/01/2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.259/2025 registered at Police Station – Malkharauda, Out Post - Chhapora, District - Sakti (C.G.) for the offence punishable under Sections 115(2), 140(2), 296, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 [corresponding sections 323, 364-A, 294, 506 Part-II. 34 of Indian Penal Code, 1860] GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:35:04 +0530
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2. Case of the prosecution, in brief, is that the complainant Sumit Ratre lodged a report alleging inter-alia that he is a student of Class-11th and on 28.10.2025 at about 7.00 pm evening he went to visit fair with his friends Aman Parmar, Lucky Tandan by a motorcycle from Nariyara. It is further alleged that he left the Village Nariyara at about 7.00 pm evening and went to Ramnami Fair, Pirda where he was roaming here and there with his friends Lucky Tandan and Aman Parmar. It is alleged that at about 8.00 pm, the villagers of his own Village - Nariyara namely Kishan Ratre and the present applicant Dhanraj Ratre came to Pirda fair and abused in filthy languages, threatened to cause death and took him to Village Nariyara by motorcycle. It is further alleged that the accused persons/kidnappers along with the present applicant, assaulted him by belt, club and knife, due to which he sustained injuries on forehead, left eyebrow, right thumb, back, waist, lips and both the legs and feeling pain. It was further stated that due to night and darkness, nobody saw the incident but he reported the same to his father, uncle and one Ashok Ratre. It was further stated that the incident of Village Pirda was seen by Lucky Tandan and Aman Parmar. The aforesaid incident was reported to Police Station Hasaud where the FIR No. 01/2025 was recorded and sent it for registration before Police Station Malkharauda, where the first information report bearing Crime No. 259/2025 was registered on 29.10.2025 for the offence punishable under Section 140(2), 296, 115(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023. The charge-sheet has not been filed and matter is being investigated by the police of Police Station Malkharauda, District Sakti (C.G.).
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3.
Learned counsel for the applicant submitted that the co-accused namely Neelkanth has already been allowed anticipatory bail by this Court in MCRCA No.1809/2025 on 05/12/2025. It is stated that the said co-accused has assaulted the injured with hard blunt object whereas the applicant has assaulted the said injured with belt but the injuries received by the injured was simple in nature, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the applicant has 3 criminal antecedents, out of which two cases of the year 2025 are pending and in one case of the year 2022 the applicant has been acquitted.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, applicant has three criminal antecedents, out of which two cases of the year 2025 are pending and in one case of the year 2022 the applicant has been acquitted, further the fact that co-accused namely Neelkanth has already been allowed anticipatory bail by this Court in MCRCA No.1809/2025 on 05/12/2025, the said co-accused has assaulted the injured with hard blunt object whereas the applicant has assaulted the said injured with belt and the injuries received by the injured are simple in nature, therefore, I am inclined to grant anticipatory bail to the present applicant.
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dhanraj Ratre, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri