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2025 DAILYLAW 15373 (CHH)

UDAY TOMAR v. STATE OF CHHATTISGARH

MCRCA/434/2025 · 2025-03-28

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1 2025:CGHC:15010 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 434 of 2025 1.Uday Tomar (wrongly mentioned as Uday Kurrey in Annexure A-1) S/o Trilochan, Aged About 56 Years, 2.Lalit Kumar S/o Uday Tomar (wrongly mentioned as Uday Kurrey in Annexure A-1) Aged About 39 Years, Both are R/o Raliya, P.S. And Tahsil Masturi, District- Bilaspur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through- The Station House Officer, Police Station Masturi (Wrongly Mentioned As P.S. Civil Line In Annexure A-1), District- Bilaspur (C.G.) ... Respondent For Applicants : Shri Ravipal Maheshwari, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.29 18:21:34 +0530 2 applicants, who are apprehending their arrest in connection with Crime No. 112/2025 registered at Police Station – Masturi, Civil and Revenue 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 B.N.S. 2. Case of the prosecution, in brief, is that Y.M. Mehre Raj Assistant Engineer (SDO) in the ofÏce of the Chief Engineer, Public Health Engineering, Bilaspur lodged a written report stating that after the completion of voting in the first phase of the panchayat election 2025 on 17.02.2025, polling ofÏcials at polling booth no. 160, Raliya, were preparing for vote counting at about 9.30 p.m. at that time, former Sarpanch Kishore Bhargav along with other villagers attempted to capture the booth forcibly and entered the polling room. Thereafter, informed to the higher authority and protect to capture. Based upon the such complaint, police of police station has registered the offence punishable under section 221, 296, 109(2), 121, 132, 191(2)(3), 191(4), 125 and 324 (4) of B.N.S. against accused persons including applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He further submits that other co-accused persons, namely Jayanti Devi and Lata Lahre have already been granted regular bail by this Court in MCRC No. 2048/2025, vide order dated 12.03.2025 and also other co-accused Kishore Bhargav have been granted anticipatory bail by this Court in MCRCA No.381/2025 vide order dated 19/03/2025. Therefore, he submits that the present applicants are 3 also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer 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, also considering the fact that other co-accused persons, namely Jayanti Devi and Lata Lahre have already been granted regular bail by this Court in MCRC No. 2048/2025, vide order dated 12.03.2025 and also other co-accused Kishore Bhargav have been granted anticipatory bail by this Court in MCRCA No.381/2025 vide order dated 19/03/2025, therefore I am inclined to grant anticipatory bail to the present applicants on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Uday Tomar and applicant No.2 Lalit Kumar on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will 4 be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri