1 2025:CGHC:13140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 381 of 2025 Kishore Bhargav S/o Amritlal Bhargav Aged About 44 Years R/o Jairamnagar, Village Raliya, Police Station and Tehsil Masturi, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Masturi, District Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 112/2025 registered at Police Station – Masturi, District Bilaspur, (C.G.) for the offences punishable under Sections 221, 296, 109(2), 121, 132, 191(2)(3), 191(4), 125 and 324(4) of the Bharatiya Nyay Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution’s case, in brief is that the FIR was lodged based on a written complaint by one Y.M. Meher Raj (Assistant Engineer/SDO) posted in the ofÏce of the Chief Engineer, Public Health Engineering, Bilaspur, Chhattisgarh, who was serving as the Sector OfÏcer of Zone-8, Police Station Masturi. The FIR was lodged, among other allegations, stating that during the first phase of the Panchayat Election, 2025, on 17.02.2025, after the completion of voting at polling booth number 160, village Raliya, at around 9:30 PM, the polling personnel were preparing for the counting of votes. During this time, the applicant, along with 24 co- accused persons, allegedly entered polling booth number 160, Raliya, by force with the intention of capturing the booth. Upon being informed by the complainant, senior ofÏcers and police personnel were immediately deployed, and the police force reached the spot after 15-20 minutes. It is further alleged that the said mob also damaged the police patrol vehicle. When the applicant and other co-accused persons attempted to capture the polling booth, the complainant and the police force tried to stop them. At that point, the applicant and the co-accused allegedly abused them and pelted stones at the police ofÏcers and the complainant, causing injuries to both. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant is the former Sarpanch of Gram Raliya, Police Station Masturi, District Bilaspur. In the Panchayat Election of 2025, held on 17.02.2025, the applicant’s wife was one 3 of the candidates for the post of Sarpanch along with three others. During the counting of votes, it was discovered that a lady ofÏcer, Poonam Sande (an Anganwadi worker and mother-in-law of the winning candidate, Rekha Bai Sande), who was deployed for counting, was allegedly found hiding 40-50 ballot papers in her saree. This was witnessed by the candidates’ representatives, who complained to the Presiding OfÏcer, but no action was taken, leading to tension and chaos at the polling booth. He also submits that the applicant, who had handed over the charge of Sarpanch on 03.03.2025, raised objections before the polling and police ofÏcers and informed the Superintendent of Police, Bilaspur, and the SDM’s ofÏce, requesting police deployment to control the situation. A copy of the call details is annexed as Annexure A/2. He further submits that the police arrived and tried to manage the situation. After the results were announced, where the applicant secured the 4th position, he left the polling booth and went to a friend’s residence. He was not present at the spot when the incident occurred. However, with malafide intentions and political rivalry, his name was falsely implicated based on statements recorded by the winning party and others. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the applicant, along with 24 co-accused persons, forcibly entered polling booth number 160 in village Raliya during the Panchayat Election on 17.02.2025, with 4 the intention of capturing the booth. Despite police intervention, the mob allegedly damaged a police vehicle and attacked the police and the complainant by pelting stones, causing injuries, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant, former Sarpanch of Gram Raliya, contested the Panchayat Election of 2025 through his wife, who was one of the candidates, during vote counting on 17.02.2025, Poonam Sande, an Anganwadi worker and mother-in-law of the winning candidate, was allegedly caught hiding 40-50 ballot papers in her saree, despite complaints by candidates’ representatives, no action was taken, leading to chaos at the polling booth and further considering the fact that the applicant, who had handed over charge on 03.03.2025, raised objections and informed senior ofÏcers, requesting police intervention and after securing 4th position, he left the booth and went to a friend’s residence and further the fact that the present applicant was not present when the incident occurred but was falsely implicated due to political rivalry and malafide intentions and the allegations against him are based on statements recorded by the winning party and others, despite his prior efforts to alert the authorities and maintain order during the polling process, therefore, I am inclined to grant anticipatory bail to the present applicant. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Kishore Bhargav, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) 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. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan