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2025 DAILYLAW 39047 (CHH)

VIKAS @ APRAJIT TIWARI v. STATE OF CHHATTISGARH

MCRCA/1236/2025 · 2025-08-13

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Judgment text

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1 2025:CGHC:41259 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1236 of 2025 Vikas @ Aprajit Tiwari, Aged About 30 Years (Wrongly Mention Age 35 Years In Impugned Order) S/o Sunil Tiwari R/o Shukrawari Bazar, Gudiyari, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Pandri Raipur, District - Raipur Chhattisgarh ... Respondent For Applicant : Shri Navin Shukla, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2025 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 his arrest in connection with Crime No.314/2016 registered at Police Station – Pandri, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:44:59 +0530 2 Raipur (CG) for the offences punishable under Sections 147, 187, 332, 336, 353 of I.P.C. 2. Case of the prosecution, in brief, is that on 16.11.2016, during a session of the Chhattisgarh Legislative Assembly, the Chhattisgarh Janta Congress Jogi Party sought permission to construct a stage and hold a demonstration to raise various demands. Permission was granted with the condition that Section 144 Cr.P.C. was in force within a 10 km radius, beginning 100 meters ahead of Mandi Gate. That, after the stage event concluded at approximately 16:50, hundreds of workers along with the applicant reportedly rose together and allegedly began dismantling barricades, pushing and obstructing police personnel deployed for government duty and security. The police explained the prohibitory orders in place, but due to alleged stone-pelting by protesters and injuries to police personnel, a case was registered. 3. It has been argued by learned counsel for the applicant that the applicant was not aware of the present case being pending against him. It is stated that farari panchnama was issued and published in the news paper on 17/08/2018 then the applicant came to know about the pendency of the present case. It is stated that the incident which is alleged to have been taken place in the year 2016 the co-accused persons were holding demonstration before the Chhattisgarh Legislative Assembly Session to raise 3 various demands. 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. She would submit that the applicant has one criminal antecedent which has been explained in para 4A of the bail application. 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, nature of allegation levelled against the applicant and materials available on record, without further commenting anything on merits, this Court finds it appropriate 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 –Vikas @ Aprajit Tiwari, 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 4 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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri