Police Station Naya Baradwar, District Sakti (C.G.) v. State Of Chhattisgarh Through Police Station Baradwar, District S
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:32069 NAFR MCRCA No. 1002 of 2025 Smt. Sippi Agrawal S/o Sushil Agrawal Aged About 38 Years R/o Village Naya Baradwar, Ward No. 6, Police Station Naya Baradwar, District Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Baradwar, District Sakti (C.G.) ---- Non-Applicant(s) For Applicant For Non-Applicant
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.139/2025 registered at Police Station Baradwar, District - Sakti (C.G.) for the offences punishable under Sections 296, 351(3), 115(2), 191(2), 109 of Bhartiya Nyaya Sanhita, 2023. 2 2. Prosecution case in brief is that the an F.I.R. of the incident was lodged on the instance of Shubh Agrawal, the F.I.R. was lodged inter alia on the allegations that on 02.06.2025 at about 20:45 Hours, the accused persons who are the family members of the complainant and his father (victim namely Basant Kumar Agrawal) have assaulted him as well as his father namely Basant Kumar Agrawal. It has been alleged that, Basant Kumar Agrawal has received the grievous injuries. It has been alleged that, Sushil Agrawal has assaulted the father with the help of wooden stick due to which he received injuries on his rips. Upon such basis, the aforementioned offences have been registered against the accused. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the aforesaid case. He further submits that the applicant is the wife of Sushil Agrawal and she has falsely been implicated. The family dispute between the brother has given rise to the instant case. A long drawn dispute in respect of the family properties is being going on between the brothers. He further submits that late Hetram Agrawal (died) leaving behind so many properties including the Rice-Mill in the name and style of Hetram & Sons and Shivangi Rice Mill. During the lifetime of the father, said properties were equally partitioned between the four sons and 25% each was fall in share of each son. Earlier Satish, Sushil and son of Vijay namely Vikas and Vinay were running the rice mill with the consent of Basant Agrawal and they used to pay some amount to Basant Agrawal. Looking to the day to day disputes between the family members ultimately in the year 2025 the rice mill was closed. 3 In the same rice mill the father (Hetram Agrawal) had constructed the Godown and the said godown was being used by Vinay and he was running his firm in the name of Mangalam Traders from the said godown. He was basically dealing with the TMT Bar and the cement. On 02.06.2025 a truck loaded with cement reached to the premises of the rice mill, where the godown is situated. Since the truck reached at near about 06:00 O'clock in the evening therefore, due to non-availability of the labours, it could not be unloaded and the driver has parked the said truck nearby the place. The father of complainant namely Basant Agrawal has raised an objection and started abusive language. Vinay Agrawal has called his brother Vikas Agrawal and there was some hot talk was going on between all the family members. Vinay and Vikas who are the sons of Vijay and nephew of Sushil Agrawal, Basant Agrawal (Victim) and Satish Agrawal have called the husband of the applicant herein who is one of the eldest member in the family. Basant Agrawal was the aggressive party and he is started beating the Vinay Agrawal. Due to sudden grave provocation the incident was occurred and taking advantage of this incident the entire family members have been falsely implicated. In fact the applicant was not on spot when the incident was occurred. In fact the applicant has also lodged a F.I.R. against the Basant Agrawal (the father of the complainant). 4. Learned counsel for the applicant further submits that the family disputes has given rise to this incident and in fact when the incident was occurred and Basant Agrawal was the aggressor, during the scufÒing between the parties the Basant Agrawal fall down and has 4 received injuries on his rips. The false allegations have been made that he received injuries due to the assault made by Sushil Agrawal. The allegations were same against all the accused persons and only one injury on the right- hand side of the rips were received and the husband of the applicant has falsely been implicated. Satish Agrawal one of the co-accused has also lodged the F.I.R. on the same date i.e. on 04.06.2025 at about 20:30 Hours (after near about 2 hours from the time of the present F.I.R.). The applicant has falsely been implicated only because of the family dispute and because the applicant has also lodged the F.I.R. against the Basant Agrawal on 15.04.2025 bearing Crime No. 87/2025 registered at Police Station Baradwar Sakti. Accordingly, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the present applicant along with other have assaulted the complainant on account of which he received grievous injuries. Accordingly, the present applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and also considering the fact that the present applicant is a lady aged about 38 years and her case is distinguishable from that of her husband, who is also an accused in 5 the present case and there was an ongoing dispute between the parties regarding the rice mill and the complainant in this case is the applicant's brother-in-law, therefore without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Sippi Agrawal, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) She 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 her from disclosing such fact to the Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal