1 2025:CGHC:16460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 485 of 2025 • Umesh Kumar Sahu S/o Shri Tikaram Sahu Aged About 26 Years R/o 213, Ward No. 9, Basti Para Leela Chowk, Dondekala Police Station - Vidhan Sabha, District Raipur, Chhattisgarh (Accused) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station- Vidhan Sabha, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Palash Agrawal, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 111/2025 registered at Police Station – Vidhan Sabha, District – Raipur (C.G.) for the offence punishable under 2 Sections 121, 324(3) of the BNS, 2023 and Section 03 of the Prevention of Damage to Public Property Act, 1984 and Section 135A of the Representation of the People Act, 1950, 1951, 1989. 3. The prosecution story, in brief, is that on 08.03.2025, the present applicant along with other persons entered the Panchayat Building and used filthy language, damage the chairs and fans in the building, forcibly took the election materials, and allegedly kept the complainant and other people inside the Panchayat building. The incident was reported by the complainant to the Chief Executive Officer and a First Information Report (FIR) under Section 121, 324(3) of the BNS, 2023 and Section 135A of the Representation of the people Act, 1950, 1951,1989 has been lodged at the Police Station – Vidhansabha, Raipur (C.G.). Hence, this application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that due to political rivalry as well as to tarnish the reputation of the applicant, the First Information Report (FIR) has been lodged with mala fide intentions. He also submits that the allegations made by the complainant against the present applicant are after thoughts and suffers from confirmation bias. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for 3 grant of anticipatory bail in this case. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case it transpires that there was a simple dispute between the applicant and clerk, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Umesh Kumar Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 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. 4 (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 14:12:32 +0530