1 2025:CGHC:52337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1629 of 2025 • Samir Kaiwartya S/o Vishal Kaiwartya Aged About 20 Years R/o Madkada, P.S. Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Kasdol, District Balodabazar-Bhatapara, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 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.527/2025 registered at Police Station – Kasdol, District : Balodabazar-Bhatapara, (C.G.) for the offences punishable under Sections 126(2), 296, 351(3), 221, 324(4), 125, 132, 191(2), 191(3), 190, 121(1) of BNS. 2. As per the prosecution’s case, in brief is that the Complainant Constable Number 383 Satendra Kashyap has lodged a report stating VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.28 18:31:44 +0530 2 that he is presently posted as a Constable at Kasdol Police Station, District Balodabazar. On 01.08.2025, upon receiving information regarding a riot in Village Madakda, complainant proceeded to the location along with the Station In-Charge and accompanying staff in the official vehicle (Registration No. CG 04 QD 5687), authorized for use by SDOP Sir, Kasdol. After performing law and order duties at the scene, while departing from the village and seated in the rear seat of the said vehicle, I was suddenly confronted by a group of individuals, namely: Raju Yadav, Kushan Yadav, Nakul Yadav, Lala Yadav, Dil Kumar Yadav, Vasu Yadav, Lalram Kewat, Shankarlal Sahu, Shyamlal Kewat, Sevakram Sahu, Santosh Sahu, Ramkishore Yadav, Sarpanch Sahu, Kishore Yadav,Kamal Sahu, Amit Shrivas, Rangsai Yadav, Surendra Sahu, Rambharos Sahu, Narayan Kewat, Sameer Kenwat, all residents of Village Madakda. This group, acting in unison, intentionally obstructed the vehicle by blocking it with motorcycles and began pelting it with stones, resulting in the complete shattering of the vehicle's glass. During the incident, I sustained injuries on my hands, legs, and arms due to the stone- pelting. Their actions not only caused damage to government property but also obstructed a public servant from discharging his lawful duties, therefore offence under the aforesaid sections has been registered against present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He also submits that there is no evidence against the present applicant and he is a 20 years young student and recently he has completed Bachelor of Science (B.Sc.) and further wants to continue his study. He also submits that seven other co-accused persons have already 3 been granted bail by trial Court and one co-accused has also been granted regular bail by this Court in MCRC No.7082 of 2025 vide order dated 09.10.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, and the material placed on record, submissions made by learned counsel for the parties and also considering the fact that seven other co-accused persons have already been granted bail by trial Court and one co-accused has also been granted regular bail by this Court in MCRC No.7082 of 2025 vide order dated 09.10.2025. Hence, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Samir Kaiwartya, 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 4 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 vaishali