{M.Cr.C.(A)No.712/2025} 2025:CGHC:22007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 712 of 2025 Kunjram Patel, S/o late Heeralal Patel, Age 49 years, Occupation Farmer, R/o Village Kauwatal, P.S. & Tahsil Pussore, Distt. Raigarh (C.G.) ... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Station Pussore, Distt. Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Amit Sharma, Advocate. For Respondent(s) : Mr. Ajay Kumar Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.116/2025, registered at Police Station Pussore, District Raigarh (C.G.) for alleged commission of offence punishable under Sections 221 & 132 of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, on 22-4-2025, the applicant, who was owner of the land where mango trees were standing and where one tower was already erected and compensation in lieu of that has already been granted to SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.13 18:41:22 +0530 {M.Cr.C.(A)No.712/2025} him, reached the place of occurrence i.e. Village Putkapuri, Kauwatal Sub- Station and created hindrance in erection of one another tower and thereby committed the offence. Hence, this application. 3. Learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that no single evidence has been collected by the prosecution which shows that the applicant is involved in the offence. He further submits that the applicant was the owner of the land where mango orchard was existing and there was dispute between the parties relating to erection of tower for which some proceedings were initiated by the Electricity Department and same was challenged by the applicant herein before this Court in WPC No.2240/2025 in which this Court by order dated 9-5-2025 has granted interim order in his favour to the effect that the tower which is going to be erected shall not be erected on the land of the applicant herein. Therefore, the applicant is entitled for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has created hindrance in performance of official duty in spite of receiving compensation and therefore he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and also considering that challan has not been filed and moreover, the writ court has granted stay in favour of the applicant herein in respect of the dispute in question, at this stage, without {M.Cr.C.(A)No.712/2025} expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kunjram Patel 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. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Soma