1 2025:CGHC:41581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1243 of 2025 Sagar Ahuja S/o Shri Rajkumar Ahuja Aged About 31 Years R/o House No.19, Dream Plaza Colony, Maruti Residency, Amlidih, Ravigram, Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Telibandha, Raipur (C.G.) ...Non-applicant For Applicant : Ms. Sharmila Singhai Sr. Advocate with Mr. Kanwaljeet Singh Saini, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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.450/2025, registered at Police Station - Telibandha District - Raipur(C.G.) for the offence punishable under Sections under Section 132, 296, 115(2) 351(2) & 3(5) of BNS 2023. 2. The prosecution story in brief is that, an F.I.R. dated 23.07.2025 bearing crime no. 450/2025 was lodged by the complainant namely VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:13 +0530 2 Surjeet Singh Sindhu at Police Station Telibandha, Raipur, mentioning that the complainant upon the instruction of Junior Engineer (J.E.) Anuradha Mishra went to disconnect the electricity connection of Diya Cafe situated at VIP Road, Telibandha, Raipur, along with his co- worker namely Deepak Sahu, due to non-payment of the electricity bill. It is further alleged by the complainant that, when he reached at the spot to disconnect the electricity, the owner of the café stopped the complainant and restrained him from doing his official work. The complainant further stated in the FIR that, the present applicant/ owner of the cafe, started abusing the complainant and gave him a death threat, also the owner of the cafe assaulted the complainant due to which the complainant suffered injuries on his back. Upon the complaint made by the complainant, Police Station Telibandha registered an First Information Report for the offence punishable under section 132, 296, 115(2), 351(2), 3(5) of Bhartiya Nyaya Sanhita, 2023. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He is a respected citizen, 31 years of age, the sole breadwinner of his family, and the owner of a café, and his detention would cause irreparable financial and mental hardship to his family as well as adversely affect his business. There is no evidence against him, nor does he have any previous criminal antecedents. In fact, the complainant, who was intoxicated, came to the applicant’s premises, abused him in filthy language, threatened him, and insisted on disconnecting the electricity supply despite the applicant already having approached the higher authorities regarding the excess billing 3 and being granted time for payment. When the applicant denied the demand of “kharcha pani,” the complainant threatened him with dire consequences and subsequently lodged a false report. It is further submitted that the applicant had already made the payment within the stipulated time, and the complainant, instead of following the due procedure of disconnection from the pole, illegally entered the premises and attempted disconnection from the meter, thereby creating disorder and misrepresenting facts in his complaint. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 – Sagar Ahuja, 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) he 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. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav