AI Structured Summary
Not yet generated for this judgment
Judgment
Applicant has preferred first bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 195/2026 registered at Police Station- Chal, District Raigarh (C.G.) for offence punishable under Sections 115(2), 119(1), 126(2), 296, 3(5) and 351(3) of BNS.
Case of the prosecution, in brief, is that on 06.08.2026 at about 09:00 PM, the complainant, namely Malik Ram Dansena, went to deliver food to truck drivers near Thakur Devras Gate, Bharbhouna Road. Thereafter, he was informed by Shatrughan Vasudev that the accused persons had blocked their truck, assaulted them, and looted money meant for diesel. When the complainant reached the spot, the accused persons allegedly abused and threatened him and thereafter assaulted him and stabbed him in the stomach with a knife, causing injuries. It is further alleged that Shekhar Dansena looted Rs.2,200/- from him and deflated the front wheel of the truck. On the basis of the complaint, the aforesaid crime was registered against the accused persons.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged and the applicant was falsely implicated in the crime in question. When the applicant has filed application for grant of anticipatory bail before the Court below, the complainant appeared and submitted no objection in grant of bail to the applicant. One of the co-accused Premlal was granted anticipatory bail in MCRCA No.1613/2026 vide order dated 29.09.2026 and another co-accused Shekhar Chand has been enlarged on anticipatory bail by the Court below. Case of the present applicant is also on similar footing.
Learned State counsel oppose the submission of learned counsel for applicant, however, he do not dispute the submission of learned counsel for the applicant that one of the co-accused Premlal has been enlarged on anticipatory bail vide order dated 29.09.2026.
I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, further considering that the application for grant of anticipatory bail has been rejected by the learned trial Court only taking into consideration the one criminal antecedent registered against the applicant. Other co-accused persons have been enlarged on bail. Further the complainant has given no objection before the concerned Court as reflecting from the impugned order, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the aforementioned crime number, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:
that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;
that 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/her from disclosing such facts to the Court or to any police officer;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
that 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.