Chattisgarh High Court
Xyz vs State Of Chhattisgarh on 6 May, 2025
Author: Rajani Dubey
Bench: Rajani Dubey
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2025:CGHC:20741
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 619 of 2025
1 - XYZ
--- Applicant
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station
Masturi, District Bilaspur, Chhattisgarh.
--- Respondent
For Applicant : Ms. Pragati Pandey, Advocate
For Respondent/State : Mr. Ajay Pandey, Govt. Advocate
Hon'ble Smt. Justice Rajani Dubey
Order On Board
06/05/2025
1. The applicant has filed this First bail application under Section 482 of
the Bhartiya Nagarik Suraksha Sanhita 2023 apprehending his arrest
in connection with Crime No. 506/2021 registered at Police Station-
Masturi, District- Bilaspur (C.G.) for commission of the offence
punishable under Sections 294, 506, 147, 148, 34, 323 & 302 of IPC.
2. Case of the prosecution is that on the date of incident i.e., 26.09.2021,
the present applicant along with other co-accused persons assaulted
the complainant namely Dev Kumari and deceased Khoruram by rod
BALRAM
PRASAD
DEWANGAN and also used filthy language and threatened to kill them. It is also
Digitally signed by
BALRAM PRASAD
alleged that the co-accused had assaulted with a rod on the head of
DEWANGAN
Date: 2025.05.07
16:48:35 +0530
Kholuram, because of which he died during the course of treatment.
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Based on this offence has been registered against the present
applicant along with other co-accused persons.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the crime in question. He
submits that the present applicant was not present on the spot at the
time of incident and only on the basis of suspicion he has been made
accused in this case. There is no material to connect the applicant in
the present case. He further submits that the complainant’s family and
the family of the applicant are having subsisting enmity between them,
thereby the complainant lodged false complaint against the applicant,
the dispute is between two private party and the present applicant has
no direct or indirect role in the crime. He also submits that the other
co-accused persons namely Santosh Kumar Bhaskar and Smt. Lalima
Bhaskar in MCRCA No.1437/2024 vide order dated 19.12.2024 and
Sanjay Kumar Bhaskar, Smt. Surekha Bai Bhaskar, Smt. Rajni
Bhaskar and Smt. Satvantin Bhaskar in MCRCA No. 169 of 2025 vide
order dated 31.01.2025 have been extended privilege of anticipatory
bail by this Court and rest of the co-accused persons namely Sohrab
@ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC
No.1787/2022 have been extended privilege of regular bail, vide order
dated 25.07.2022 by this Court. Therefore, the present applicant may
also be granted anticipatory bail.
4. On the other hand, learned State counsel opposes the anticipatory bail
application, however, he do not dispute the submission of learned
counsel for applicant with regard to grant of anticipatory bail to the co-
accused persons.
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5. After hearing learned counsel for the parties and considering the facts
and circumstances of the case, nature of allegation, material available
against the applicant and further considering the fact that the other co-
accused persons namely Santosh Kumar Bhaskar and Smt. Lalima
Bhaskar in MCRCA No.1437/2024 vide order dated 19.12.2024 and
Sanjay Kumar Bhaskar, Smt. Surekha Bai Bhaskar, Smt. Rajni
Bhaskar and Smt. Satvantin Bhaskar in MCRCA No. 169 of 2025 vide
order dated 31.01.2025 have been extended privilege of anticipatory
bail by this Court and the rest of the co-accused persons namely
Sohrab @ Vivek Bhaskar, Ajay Bhaskar, Santu Bhaskar in MCRC
No.1787/2022 have been extended privilege of regular bail, vide order
dated 25.07.2022 by this Court. As such, without commenting anything
on merit of the case, this Court is of the considered opinion that it is a
fit case to grant anticipatory bail to the applicants.
6. Accordingly, the application is allowed. It is directed that in the event of
arrest of the applicant in connection with aforesaid crime number, he
shall be released on bail on furnishing a personal bond in the sum of
Rs.25,000/- by his uncle/guardian, with one surety in the like sum to
the satisfaction of the concerned arresting/investigating officer or the
court concerned, as the case may be, with the following terms and
conditions:-
(i) 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;
(ii) he shall not act in any manner which will be prejudicial to fair
and expeditious trial, and
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(iii) he shall appear before the trial Court on each and every
date given to him by the said Court till disposal of the trial;
(iv) he shall not involve themselves in any offence of similar
nature in future.
7. The observations made in the course of this order are only for
considering the case of the applicant on the application for grant
of anticipatory bail. The concerned trial Court shall not be
influenced or bound by any observations made hereinabove.
Sd/-
(Rajani Dubey)
Judge
Balram