1 2025:CGHC:3694 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 110 of 2025 • Ramswarup Kashyap S/o Vishwanath Kashyap Aged About 45 Years R/o Pankhadafai, Bhairotal, District Korba Chhattisgarh ... Applicant versus 1. State of Chhattisgarh Through The Station House OfÏcer, Police Station Darri, District Korba Chhattisgarh 2. Sanju Kumar Sahu S/o Babulal Sahu Aged About 38 Years R/o Balgi, Shantinagar, Tahsil - Katghora, District Korba Chhattisgarh ... Non-Applicant For Applicant : Mr. Vijay Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 21.01.2025 1. This first 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 Complaint Case No.1577/2018 pending before learned Judicial Magistrate First Class, Katghora, District – Korba (C.G.) for offence under Sections 384/34 of the Indian Penal Code (for short ‘IPC’). 2. Prosecution case, in brief, is that a complaint filed by the complainant on 22.10.2016, under Section 200 of the Cr.P.C. before the learned JMFC, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.22 11:05:01 +0530 2 Katghora, District-Korba (C.G.). The complaint was filed against Smt. Shruti Singh and Ramswarup Kashyap, alleging that the complainant, a driver by profession, was living with his family in Village Balgi. On 20.09.2015, at around 2:00 a.m., Smt. Shruti Singh, the Thana Incharge of P.S. Bankimongra, along with other police personnel, including the applicant, visited the complainant's house. They inquired about the complainant's brother, Ranju Sahu, and informed him that a complaint had been filed against the complainant by the wife of Dilip Das, alleging that he had outraged her modesty. The police personnel broke into the complainant's locked room, seized his passbook, ATM card, fixed deposit, voter ID, and driving license, and took Ranju Sahu to the police station. The accused persons proceeded under Section 151 of the Cr.P.C. against Ranju Sahu (brother of the complainant) and submitted an Ishtagasa against him. After returning from Raipur, the complainant learned about the incident and sent his brother to retrieve the seized articles. However, the accused persons demanded Rs. 20,000 from Ranju Sahu, which he refused to pay. Smt. Shruti Singh then instructed Ranju Sahu to withdraw the amount from an ATM, and the applicant accompanied him to the ATM.The complainant later filed complaints before various authorities, including the Superintendent of Police, Korba, and the Prime Minister's OfÏce, Delhi. The trial court took cognizance of the case under Section 384, 34 of the IPC against Smt. Shruti Singh and the applicant on 30.04.018. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is posted in Police Department and he used to obey the instruction and order of his superior authorities. He further submits that the applicant has not demanded any extortion amount of Rs. 3 20,000/- from the brother of complainant for return of the seized articles belonging to the complainant. hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non-applicant opposes the grant of anticipatory bail to the applicant. He further submits that the co-accused had filed Cr.M.P. No. 1291/2018 before this Hon’ble Court, which was dismissed by order dated 13.09.2023. Hence, the anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration of the facts and circumstances of the case, nature of dispute, the material available on record and the fact that the applicant is government servant and he did not demand any extortion amount of Rs. 20,000/- from the complainant’ brother for returning of the seized articles, further he has no previous criminal antecedents, thus, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of applicant - Ramswarup Kashyap is allowed. It is, therefore, directed that if the applicant furnishes a personal bond of Rs. 20,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate, First Class, Katghora, District – Korba (C.G.) in Criminal Complaint Case No.1577/2018, he be released on bail. Order shall be in force till disposal of the case. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti