1 2025:CGHC:47504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1412 of 2025 Pitambar Lal Patel @ Bablu Patel S/o Narayan Prasad Patel Aged About 52 Years R/o Rajapara Ward No.7, Raigarh, Tahsil And District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Raigarh District- Raigarh (C.G.) ... Respondent For Applicant : Shri Hari Agrawal, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/09/2025 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.441/2025 registered at Police Station – City Kotwali, District- Raigarh (CG) for the offences punishable under Sections 132, 115(2) of Bhartiya Nyaya Sahita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 12:01:52 +0530 2 2. Case of the prosecution, in brief, is that on the basis of video clip being circulated in social media platform, wherein the applicant herein was seen holding Collar of shirt of Police uniform wearing Constable (namely Lav Kumar Sai), a suo motu FIR dated 29.08.2025 [on the basis of complaint of one Sub-Inspector of the same Police Station i.e. City Kotwali], was registered by the Police authorities against the applicant herein. Thereafter, the applicant herein came to know that the Police authorities are trying to arrest the applicant herein in aforesaid crime number, as such, the applicant has preferred anticipatory bail before the Court below and vide order dated 03.09.2025, the Court below rejected the application of the applicant herein, hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant and his wife are small vegetable vendor in the daily market Sanjay Market and performing vending activities for the past 8 - 10 years and on 28.08.2025, when the applicant & his wife were selling vegetables, at around 1 PM, one Police constable (namely Lav Kumar Sai) wearing Police uniform & in inebriated state, came to buy vegetables. He would submit that the said Police constable bought vegetable amounting to Rs 60/- but without paying any amount, started to leave the place, which was objected by applicant's wife, to this, said constable said he has given Rs 20/- but the applicant's objected to this and tried to take back the sold vegetables and due to this an altercation took place between the applicant & the police constable. He would submit that this incident was recorded on phone by the by- standers standing therein, which got viral in the social media platform. 3 He would submit that even the alleged victim has not preferred any police complaint and said FIR has been registered suo motu by the Police authorities just to save their image in the social media. He would submit that the applicant is permanent resident of address mentioned in the cause title and their immovable properties is situated in the State of Chhattisgarh and thus, there is no possibility of the applicant fleeing away, 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. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant who is a small vegetable vendor and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Pitambar Lal Patel @ Bablu Patel, 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 4 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 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