1 2025:CGHC:37345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1147 of 2025 Kamlesh Singh S/o Late Janardan Singh Aged About 69 Years (Wrongly Mention 60 Years), R/o Village Kachhar, Police Station- Koni, Tehsil And Dist- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Sho, Police Station- Koni, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rupesh Shrivastava, Advocate For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 315/2025 registered at Police Station –Koni, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 132, 3(5) of BNS, 2023. 2. As per the prosecution story in brief is that complainant namely MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.31 18:05:54 +0530 2 Vinod Kshatriya lodged a complaint in Koni police station that he is working as a manager in the co-operative society. On 14.07.2025 at around 2:00 pm, accused Kamlesh Singh came with another person Akash and started abusing and vandalizing. Due to which government work was obstructed. On the complaint of the applicant, Koni police station has registered a case number 315/2025 under Sections 296, 132, 3(5) of BNS, 2023 and taken it into investigation. Applicant is apprehended to arrest in Crime No. 315/2025 for the alleged offence punishable under Sections 296, 132, 3(5) of BNS, 2023. 3. The learned counsel for the applicant argued that the applicant is completely innocent and has been falsely implicated in the present case. He would submit that the present applicant is 69 years old and has been previously elected as Director and President of the same co-operative society for 10 years and has been a candidate in the assembly elections from Janshakti Party in the year 2008. Apart from this, he and his family members runs a hotel and restaurant business by the name of Apna Dhaba in Sendri area, due to political rivalry, a false case has been registered for campaigning against the current political party during elections. Another case has been registered against the applicant on the same date 14.07.2025 for the same incident under Crime No. 316/2025 under Sections 126(2), 296, 3(5), 351(2) of BNS, 2023. But since the said sections are completely bailable, he was released from the police station on bond. But due 3 to political rivals the opponent wish to send the applicant in jail registered the present case and also the police tried to arrest the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, considering the age of the applicant and also considering the fact that investigation and trial are likely to take time, without commenting anything on the merits of the case, 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 – Kamlesh Singh, 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) 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 4 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 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Madhurima