NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5239 of 2024  Garv Sharma S/o Gaurav Sharma Aged About 18 Years 4 Months, R/o Green Arth City, Amleshwar, District Durg Chhattisgarh.

----Applicant Versus  State of Chhattisgarh Through Police Station Raipur Kotwali, District Raipur Chhattisgarh.

---- Non-Applicant (Cause title taken from Case Information System)

For Applicant : Mr. Manoj Paranjpe, Advocate. For-Non-applicant : Mr. Hariom Rai, Panel Lawyer.

For Objector : Mr. Amit Soni, Advcoate.

Hon’ble Shri Ramesh Sinha, Chief Justice

Order on Board

24.07.2024

1. This is the First bail application iled under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 221 of 2024 registered at Police Station : Raipur Kotwali, District – Raipur (C.G.) for the ofence punishable under Sections 115(2), 191(2), 191(3), 281, 296, 324(4), 324(5), 333 and 351 of Bhartiya Nyay Sanhita, 2023.

2. As per the prosecution case, on on 01.07.2024, the FIR was lodged by Rishab Kataria inter-alia on the allegations that on 01.07.2024, the complainant has organized the birthday party of his nephew at his residence at Taigore Nagar, Raipur, So many guests were invited in the said birthday party. The guests have parked their vehicles outside the house. It has been alleged that, the co-accused Moksha Rai who was driving the motorcycle bearing No. CG 04 NM 3974 by rashly and negligently had met with an accident and has dashed Skoda car bearing No. CG 04 NU 8764 and Verna Car bearing No. CG 04 NH 5198 and has caused the damage to the vehicle. It has been alleged that, after the said accident he fall down. When the quarrel was raised and he was requested to called the father, but instead of calling the father, he had called 7-8 unknown boys who had assaulted the complainant and family members, abused them. On the basis of the said complaint, the FIR was lodged and the main accused Moksha Rai and other accused were arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is a young boy and is a student of Class Xll. The applicant was sitting in the car neither he has assaulted anyone nor abuse any of the family members of the complainant. He further submits that the footage of the nearby camera shows that, accident was occurred in the night, when one of the vehicle was coming out of house and from the opposite side, the accused Moksha Rai who was driving the motorcycle was coming, due to darkness, the accident was occurred and he has dashed the vehicle and there were no grievous injuries were sustained by complainant or any of his family members. He also submits that the complainant, namely, Rishabh Kataria has also iled an aidavit before the learned trial Court for his no objection. Hence, he prays for grant anticipatory bail to the applicant.

4. On the other hand, learned counsel for the State opposed the prayer for grant of anticipatory bail.

5. Learned counsel for the Objector has no objection, if this present anticipatory bail application is allowed.

6. I have heard learned counsel for the parties and perused the case diary.

7. Considering the facts and circumstance of the case, nature of allegation made against the applicant and the fact that in the present case, the co-accused Moksha Rai who was driving the motorcycle by rashly and negligently had met with an accident and dashed the car and considering the fact that the present applicant is a student, without further commenting on merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

8. Let the applicant, Garv Sharma involved in Crime No. 221 of 2024 registered at Police Station : Raipur Kotwali, District – Raipur (C.G.) for the ofence punishable under Sections 115(2), 191(2), 191(3), 281, 296, 324(4), 324(5), 333 and 351 of Bhartiya Nyay Sanhita, 2023, be released on b