2025 Supreme(Online)(Chh) 7639
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Suraj @ Lakeshwar Vaishnav – Appellant
Versus
State of Chhattisgarh – Respondent
MCRCA No. 961 of 2025
Advocates:
For the Appellants/Petitioners: Mr. Ravipal Maheshwari
For the Respondents: Mr. Bharat Gulbani
The court denied anticipatory bail due to the seriousness of the robbery allegations, emphasizing the need for substantial evidence to support claims of false implication.
Headnote:(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Applicants apprehended arrest for offences including robbery - Allegations based on mere suspicion and implicated through memorandum statements - The court found the nature of the alleged crime serious and rejected the bail application. (Paras 1-7)
(B) Burden of proof - The applicants must demonstrate innocence to obtain anticipatory bail - The prosecution's case relied on circumstantial evidence leading to an implicit judgment by the court on the seriousness of the accusations. (Paras 3-6)
Facts of the case:
The applicants faced anticipatory bail in connection with alleged robbery that involved the looting of a motorcycle and mobile phone from the complainant. Their claims of false implication arose from reliance on circumstantial evidence concerning a co-accused. (Para 3)
Findings of Court:
The court determined that considering the serious allegations and context of the crime, anticipatory bail could not be granted. (Paras 6-7)
Issues: The primary issue concerned the applicants' claims of false implication and rigorous examination of circumstantial evidence supporting their arrest. (Para 3)
Ratio Decidendi: The court held that the severity of the allegations warranted a careful approach, ultimately concluding that the applicants’ request for anticipatory bail was not substantiated. (Paras 6-7)
Result: Anticipatory bail application rejected.
| Table of Content |
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| 1. application for anticipatory bail under the bhartiya nyaya sanhita. (Para 1) |
Order On Board
04.07.2025
1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita , 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 32/2025, registered at Police Station – Akaltara, District – Janjgir - Champa (C.G.) for the alleged commission of offence punishable under Sections 309(4), 310(2), 3178(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
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