Dismissed¶27

Anil Sinha @ Babu v. State of Chhattisgarh

Chhattisgarh HC13 Jan 2025MCRC/97/2025

Case brief

AI extract

What is this about?

MCRC No. 97 of 2025, High Court of Chhattisgarh at Bilaspur, decided 14/01/2025 by Arvind Kumar Verma, J. First regular bail application under Section 483 BNSS rejected; applicant Anil Sinha @ Babu in custody since 23/07/2024 in Crime No. 483/2024, PS Gudiyari, Raipur; offences under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2) of BNS, 2023; bail refused on seriousness and gravity of offence; assault on complainant of 15/07/2023 videographed and uploaded on social media; advocates: Ms. Fouzia Mirza, Sr. Adv. with Mr. Navin Shukla for applicant; Ms. Sunita Sahu, PL for State.

What did the court decide?

The documents show that the applicant, along with other persons, assaulted the complainant, threw him on the road, made a video of the assault and uploaded it on social media. ¶26

Anil Sinha @ Babu Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant, arrested on 23/07/2024 in Crime No. 483/2024 (PS Gudiyari, Raipur) for offences under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2) of BNS, 2023, should be released on regular bail. +1 more

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Court's answer

Looking to the seriousness and gravity of the offence, the Court was not inclined to release the applicant on bail.

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Ratio / Principle

The documents show that the applicant, along with other persons, assaulted the complainant, threw him on the road, made a video of the assault and uploaded it on social media.

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Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Arvind Kumar Verma, J.), 14/01/2025 — First regular bail application under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita filed by Anil Sinha @ Babu, arrested on 23/07/2024 in Crime No. 483/2024, Police Station Gudiyari, District Raipur (C.G.), for offences punishable under Sections 140(2), 127(2), 109, 311, 111, 190, 191(2) of BNS, 2023 — rejected. Prosecution case: on account of old enmity, on 15/07/2023 the applicant along with other persons locked the complainant in the house of one Prince Bagade and, with intention to kill him, assaulted him with a baseball bat, forcibly took him in a vehicle to Mandi Hasaoud, threw him out and again assaulted him by hand, fist and knife, leaving him under the impression that he had died; FIR registered on the complainant's report. Applicant's senior counsel contended false implication, absence of the applicant's name in the FIR, non-grievous injuries and implication solely on memorandum statements of co-accused; the State opposed bail on the ground that the applicant had uploaded a video of the assault on social media with objectionable comments. The Court found on perusal of the documents that the applicant, with other persons, assaulted the complainant, threw him on the road and uploaded a video of the assault on social media, and, looking to the seriousness and gravity of the offence, declined bail and rejected the application.

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2025:CGHC:2334

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 97 of 2025

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1 - Anil Sinha @ Babu S/o Darewal Sinha Aged About 23 Years (Wrongly Mentioned As Rewal Singh In Impugned Order), R/o Gogaon Talab Near Dheerpat Temple, Police Station - Gudiyari, Raipur, District Raipur (C.G.)

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... Applicant

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versus

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1 - State of Chhattisgarh Through Station House Officer, Police Station - Gudiyari Raipur, District Raipur (C.G.)

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... Respondent

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For Applicant : Ms. Fouzia Mirza, Sr. Adv. Along with Mr. Navin Shukla, Advocate For State : Ms. Sunita Sahu, PL

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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14/01/2025

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This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 23/07/2024 in connection with Crime No. 483/2024 registered at Police Station Gudiyari, District Raipur, C.G. for the offence punishable under Sections 140 (2), 127 (2), 109, 311, 111, 190, 191 (2) of BNS, 2023.

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The case of the prosecution in brief is that the on account of old enmity on 15/07/2023 the applicant along with other persons locked the

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ASHUTOSH MISHRA

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Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:27:36 +0530

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complainant in the house of one Prince Bagade and with intention to kill him assaulted him by base ball bat brutally and forcefully took him in the vehicle and reached to Mandi Hasaoud thrown out of the vehicle and again assaulted him by way of hand, fist and knife and under the impression that the complainant has died, left him there. Thereafter, the complainant was admitted to the hospital and on the basis of the report of the complainant the FIR was registered and during investigation the applicant was arrested.

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Learned senior counsel for the applicant would contend that the applicant has been falsely implicated in the case and the name of the applicant is not in the FIR. She would next contend that the complainant has only named two persons i.e. Ankush and Prince Bagde, who have made assaults. She would next contend that the injuries are not grievous. She would next contend that the applicant was not even present at the time of incident and he has not been recognized by the complainant. She would lastly contend that the applicant has been implicated only on the basis of the memorandum statement of the coaccused persons and he is in jail since 23/07/2024, therefore, the applicant may be released on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail and would submit that the applicant has uploaded video of making assaults to the complainant on the social media and made certain objectionable comments in the video uploaded on the social media, therefore, the applicant is not entitled for grant of bail.

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

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Perusal of the documents would show that the applicant along with the other persons assaulted the complainant and threw him in the road and furthermore made the video of making assault to the complainant and uploaded the same in the social media, therefore, looking to the seriousness and gravity of the offence, I am not inclined to release the applicant on bail.

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Accordingly, the bail application is rejected.

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

Anil Sinha @ Babu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anil Sinha @ Babu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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