1 2025:CGHC:19131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 586 of 2025 Smt Durga Nishad W/o Bhagwat Nishad Aged About 36 Years R/o Gaurbhaat, Arang, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Arang, District Raipur (C.G.) ... Respondent For Applicant : Shri Rohit Sharma, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.737/2024 registered at Police Station – Police Station-Arang, District-Raipur (C.G.) for the offences punishable under Sections 318(4), 3(5) of Bhartiya Nyaya Sanhita 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:05:18 +0530 2 2. Case of the prosecution, in brief, is that the villagers and other ofÏcials of gram panchayat Gaurbhaat, Arang District-Raipur (C.G.) have conducted auction of sand ghaat (Raet Ghaat) without any authority to do so. The said fact came to the knowledge of the ofÏcials upon a viral video being circulated in news portal wherein the villagers are seen conducting the so called raet ghaat auction. The said fact was taken note of by the state authorities and whereupon an FIR was lodged against the ofÏcials of village development society and other personal who conducted the said auction process however with ulterior motive the name of the present applicant has also been roped in despite the fact that, the present applicant was neither present at any such place of incident nor is aware of any such auction. Based on the complaint of assistant mining ofÏcer District Mining OfÏce Raipur, an FIR was lodged by the police of police station Arang, District Raipur (C.G.) bearing crime no. 737/2024 for offence punishable under section 318(4), 3(4) of Bhartiya Nyaya Sanhita 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case. He would submit that the applicant is the then Sarpanch of Gram Panchayat Gaurbhaat, Arang, District Raipur (C.G.) where the incident of Sand Ghaat (Raet Ghaat) auction took place and have no role in the commission of the alleged offence which has taken place. He would submit that in the video being circulated and in the news report there is no-iota of evidence which shows the presence of present applicant at the sight of the incident, therefore the entire allegation is based on presumption. He would submit that another co-accused person namely Arun Dhruv has been granted 3 anticipatory bail by this Court in MCRCA No.263/2025 on 24/02/2025. He would submit that the present applicant is women and mother of four children in which one of them namely Tanuja Nishad is just 03 years old daughter, whose care is very important. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, 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, submissions of learned counsel for the parties, considering the fact that co-accused Panchayat Sachiv Arun Dhruv has been granted anticipatory bail by this Court in MCRCA No.263/2025 on 24/02/2025 and also considering the fact that the applicant was the then Sarpanch and is a lady, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt Durga Nishad, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she 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 her from disclosing such fact to the Court. 4 (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 her 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) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri