1 2025:CGHC:15013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 429 of 2025 Manchita Arya S/o Baishakhu Arya Aged About 66 Years R/o Raliya, P.S. And Tahsil Masturi, District Bilaspur Chhattisgarh. ... Applicant 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 Applicant : Mr. Ravipal Maheshwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik 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 offence punishable under Sections 221,296,109(2), VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.03.29 12:20:55 +0530 2 121,132,191(2)(3),191(4) 125 & 324(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in briefly is that the Y.M. Mehre Raj Assistant Engineer (SDO) in the office 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 officials 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 applicant. 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. It is alleged that during the Panchayat Election of 2025, held on 17.02.2025 the applicant was not present at the spot when the other villagers attempted to capture the booth forcibly. He further submits that the other co-accused persons, namely, Jayanti Devi and Lata Lahare have already been granted bail by this Court vide order dated 3 12.03.2025 passed in MCRC No.2048 and another co-accused Kishore Bhargav has also been granted anticipatory bail vide order dated 19.03.2025 passed in MCRCA No.381/2025. Therefore, he also prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the present applicant was involved with other villagers in attempting to capture the voting booth forcibly, therefore, he 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 and circumstances of the case, submissions made by the learned counsel for the parties, nature of dispute, and material available in the case diary, further, the co-accused persons namely, Jayanti Devi and Lata Lahare have already been granted bail by this Court vide order dated 12.03.2025 passed in MCRC No.2048 and another co-accused Kishore Bhargav has also been granted anticipatory bail vide order dated 19.03.2025 passed in MCRCA No.381/2025, without further commenting on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manchita Arya, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaibhav