Extracted from the PDF above. The PDF is authoritative.
{M.Cr.C.(A)No.709/2025}
2025:CGHC:22009
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 709 of 2025
1. Niranjan Nayak, S/o Shri Salik Ram Nayak, Aged about 32 years, R/o Village Nawagaon, Thana Sankra, Tahsil Pithoura, Distt. Mahasamund (C.G.)
2. Tikendra Sahu, S/o Shri Mahesh Ram Sahu, Aged about 25 years,
3. Manoj Sahu, S/o Shri Degreelal Sahu, Aged about 33 years,
4. Yashwant Sao, S/o Shri Madhusudan Sao, Aged about 36 years,
5. Tripanlal Sahu, S/o Shri Meghnath Sahu, Aged about 37 years, Applicant No.2 to 5 are R/o Village Pendravan, Thana Sankra, Tahsil Pithoura, Distt. Mahasamund (C.G.)
... Applicants versus State of Chhattisgarh, Through Station House Officer, Police Station Sankra, Distt. Mahasamund (C.G.)
... Non-applicant For Applicants : Mr. Sumit Shrivastava, Advocate. For Non-applicant : Mr. Sanjeev Pandey, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025
1. The applicants have preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.69/2025, registered at Police Station Sankra, District Mahasamund (C.G.) for alleged commission SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.13 18:40:38 +0530
{M.Cr.C.(A)No.709/2025} of offence punishable under Sections 221, 132, 121(1), 191(1), 190, 296, 351(2), 127(2) and 324(2) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, on 28-4-2025, the applicants herein along with other co-accused persons, who were 8-10 in number, have abused the complainant, who is a Government servant being Patwari, while he was deciding the application received under the Sushashan Tyohar, which is a welfare scheme of the State Government, and assaulted him by hands & fists and also snatched his mobile and other papers and torn the papers and restrained him for an hour and thereby committed the offence. The FIR has been lodged by the complainant on the basis of which the case has been registered and the matter is under investigation. Hence, this application. 3. Learned counsel for the applicants has argued that the applicants are completely innocent and they have been falsely implicated and they have not committed any offence and further submitted that no single evidence has been collected by the prosecution which shows that the applicants have committed the offence alleged against them. Therefore, the applicants are entitled for grant of bail. 4.
On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the applicants along with other co-accused have assaulted the complainant, who is a Patwari and made obstruction in performing his official duty and also torn the documents. Therefore, the present anticipatory bail application of the applicants is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. Page 3 of 3 {M.Cr.C.(A)No.709/2025}
6. Considering the facts and circumstances of the case, allegations levelled against the applicants in the FIR, and the manner in which they have created obstruction in the performance of official duty by a Government servant and also considering that they have manhandled a Government servant by assaulting him with hands & fists and also confined him for an hour, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the Anticipatory Bail application of the applicants – Niranjan Nayak, Tikendra Sahu, Manoj Sahu, Yashwant Sao and Tripanlal Sahu, filed under Section 482 of the BNSS, 2023 in connection with Crime No.69/2025, registered at Police Station Sankra, District Mahasamund (C.G.) for alleged commission of offence punishable under Sections 221, 132, 121(1), 191(1), 190, 296, 351(2), 127(2) and 324(2) of the Bharatiya Nyay Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Soma