Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18345
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 563 of 2025 1 - Balram Baghel, Aged About 44 Years S/o Mohan Das Baghel R/o Ward No. 16 Dodekala, Police Station - Vidhan Sabha, District- Raipur, Chhattisgarh. 2 - Chitrangad Sahu, Aged About 48 Years, S/o Shri Daulal Sahu R/o Ward No. 19 Dodekala Police Station, Vidhan Sabha District- Raipur, Chhattisgarh.
... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Vidhan Sabha, District- Raipur (C.G.)
... Respondent For Applicants : Shri Palash Agrawal and Shri R.K. Verma, Advocates. For Respondent/State : Ms. Monika Thakur, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 23/04/2025
1. Proceedings of this matter have been taken through video conferencing.
2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.111/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 16:07:58 +0530
2 registered at Police Station – Vidhan Sabha, District - Raipur (C.G.) for the offences punishable under Sections 121, 324 (3) of the Bharatiya Nyaya Sanhita, 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. Case of the prosecution, in brief, is that on 08.03.2025, during panchayat election, the present applicants along with other persons entered the Panchayat Building and used filthy language, damaged the chairs & fans in the building, forcibly took the election materials and allegedly kept the complainant and others people inside the Panchayat, building. This incident was reported by the complainant to the Chief Executive OfÏcer and a First Information Report (FIR) under section 121, 324 (3) of the Bharatiya Nyaya Sanhita, 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 has been lodged at the Police Station - Vidhansabha, Raipur (C.G.).
4.
Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that the present applicants are supporters of the co-accused namely Shri Umesh Kumar Sahu, who filled the nomination form. There was a simple dispute between Umesh Kumar Sahu and Atmaram Chelak regarding the election matter. Moreover, they have not beaten anyone nor damaged the Government property by snatching or grabbing. He would submit that due to political rivalry as well as to tarnish the reputation of the applicants, the First Information Report has been lodged with mala fide intentions. He would further submit that the co-accused namely Shri Umesh Kumar Sahu has been granted anticipatory bail by this Court vide order dated 08.04.2025 in MCRCA No. 485/2025.
3 Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail.
5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
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 also considering the fact that co-accused namely Shri Umesh Kumar Sahu has been granted anticipatory bail by this Court vide order dated 08.04.2025 in MCRCA No. 485/2025, therefore, I am inclined to grant anticipatory bail to the present applicants.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Balram Baghel and applicant No.2 Chitrangad Sahu, 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 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.
4 (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