1 2025:CGHC:17240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 524 of 2025 Sushil Kumar Agrawal S/o Late Bhagwat Prasad Agarwal Aged About 43 Years R/o House B/84, Opposite Jagannat Temple, Gayatri Nagar, Police Station Khamhardi, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Thana In-Charge Purani Bhilai, Durg Chhattisgarh ... Respondent For Applicant : Mr. Himanshu Thakur, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:46 +0530 2 85/2025 registered at Police Station – Purani Bhilai, District – Durg (C.G.) for the offence punishable under Sections 190(2),190, 225,132 & 126(2) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution story in brief is that, the Complainant Raju Dhiwar Head Constable has lodged a report in the Police Station Old Bhilai dist. Durg to the effect that he is posted on the post of Head Constable in the Police Station Old Bhilai and is driver of the vehicle bearing no. CG-04- DY-7722, on 10-03-2025 at around 7.00 am, along with a team of Enforcement Directorate and Central Force, he came to the residence of former Chief Minister Shri Bhupesh Baghel located at Mansarovar Colony, Bhilai 3, where the Enforcement Directorate was raiding and doing government work legally, where many congress workers were protesting and raising slogans outside the bungalow, during this time, it was also told by the Executive Magistrate that the Enforcement Directorate is doing government work legally, you should maintain peace and do not create any hindrance in government work. After action by the Enforcement Directorate team, while returning at around 4.30 pm, 15-20 protesters forcefully stopped the Innova vehicle (vehicle no. CG 04 DY 7722), started hitting the bonnet with their hands and shouting how will you take the car and climbed on the bonnet. Somehow, with the help of police force, the car was being slowly taken out. During this time, a person damaged the driver's side glass of the 3 car by throwing a stone. Later, it was learnt from other people that the name of the person who broke the glass by throwing the stone is Sunny Agarwal. He has become very frightened due to this incident. That upon the written Complaint of the complainant, the Police Station Purani Bhilai, District Durg has registered a case No. 85/2025 under sections 190(2), 190, 225, 132, 126 (2) BNS and Section 3 of the Prevention of Damage to Public Property Act against the applicant/accused Sunny Agarwal and other accused. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. He further submits that applicant has no criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, the learned State counsel opposes the anticipatory bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and 4 material available in case diary, without further commenting on merits, I am inclined 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 – Sushil Kumar Agrawal, on executing a personal bond and one surety in the like sum to the 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