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2025 DAILYLAW 46418 (CHH)

ROMY SALUJA v. STATE OF CHHATTISGARH

MCRCA/2/2025 · 2025-01-07

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Judgment text

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1 2025:CGHC:991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 2 of 2025 Romy Saluja S/o Late Sardarilal Saluja Aged About 45 Years Resident Of Sagar Estate Saraipali, Police Station Saraipali, District Mahasamund, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh The Station House Officer Police Station Saraipali, District Mahasamund, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Raghvendra Pradhan, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.147/2023 registered at Police Station Saraipali, District Mahasamund (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.08 11:33:48 +0530 2 under Sections 186 and 384 r/w Section 34 of the Indian Penal Code (for short ‘IPC’). 2. Prosecution case in brief is that the complainant Tekendra Kumar Chandrakar (Deputyn Engineer, PHE Department Saraipali) made complaint to the Police Station Saraipali, District Mahasamund (C.G.) alleging therein that on 05.06.2023, when he was working in his office alongwith other employees, at that time, the applicant alongwith other persons entered into his office, obstructed the work and asked for giving a byte, further the applicant has demanded money and started making video, thereafter, the accused persons threatened them of making video viral by publishing it in news channel, if they will not give them money, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has ben falsely implicated in the present case. He would further submit that the applicant is a reputed Journalist of news channel and for collecting news, he visited complainant’s office, where the complainant denied to give any information, due to which, some dispute arose between them and the complainant leveled false and baseless allegation against the applicant. He would also submit that the complainant has filed an affidavit stating that the matter has already been compromised between him and complainant, a copy of which is also annexed as 3 Annexure A-2, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and would submit that the applicant alongwith other co-accused persons have forcefully entered into the office of complainant, obstructed them to work and asked for giving a byte, they also recorded a video, which they used to threatened them by publishing it in news channel and demanded money, therefore, the applicant is not entitled for grant of bail. 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 and nature of dispute and material available in case diary, also considering the fact that though the allegation against the applicant that he alongwith other co- accused persons have forcefully entered into the office of complainant, obstructed them to work and asked for giving a byte, they also recorded a video, which they used to threatened them by publishing it in news channel and demanded money, but the matter has already been compromised between the parties and an affidavit is also filed by the complainant stating that the matter has been compromised between him and applicant, a copy of which is also annexed as Annexure A-2, as such, without further 4 commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Romy Saluja, on executing a personal bond with 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. (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 their adhaar card alongwith a colored 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 Akhil