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2025 DAILYLAW 48990 (CHH)

MITHLESH KUMAR RAVI v. STATE OF CHHATTISGARH

MCRCA/1866/2025 · 2025-11-26

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:57791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1866 of 2025 Mithlesh Kumar Ravi S/o Heeralal Ravi, Aged About 30 Years R/o Village Basantpur, Police Station Basantpur District Balrampur Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Basantpur, District Balrampur Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dinesh Kumar Yadav, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 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.183/2025 registered at Police Station Basantpur, District Balrampur Ramanujganj (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 121, 132, 221, 192(2), 296, 331(6) of BNS. 2. Prosecution case in brief is that Transport Sub-Inspector Bhushan Dhruv submitted a written complaint at Police Station Basantpur stating that on 04.10.2025, he was on duty at the RTO barrier along with Transport Sub-Inspector Siddharth Patel and Head Constable Kaushal Sahu. At around 22:10 hours, a group of 7–8 unidentified persons allegedly entered the barrier and, due to a previous dispute, forcefully entered the office, abused them with obscene language, and assaulted him and vehicle driver Prakash Rajwade. It is further alleged that the said persons trespassed into the RTO residential campus, abused the staff, and entered the chamber of Transport Inspector Mahendra Singh Kuldeep, where they obstructed official duty and committed assault and verbal abuse. Based on this written complaint, Crime No. 183/2025 was registered for offences under Sections 121, 132, 221, 191(2), 296 and 331(6) of the Bharatiya Nyaya Sanhita. The investigation is ongoing. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that no prima facie case is made out against the present applicant from the allegations mentioned in the FIR, and his name does not appear in the FIR, the continuation of criminal proceedings against him would amount to an abuse of the process of law. The material collected during the investigation does not 3 disclose any specific act or overt role attributable to the applicant so as to justify his prosecution. Furthermore, the FIR was registered against Upendra Yadav, Kailash Yadav, Chandan Yadav, and five other unknown persons. The applicant has been implicated solely on the basis of the memorandum of a co-accused, which has no substantive evidentiary value in law. Hence, the applicant’s false implication in the present case is apparent, 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 submits that the applicant is alleged to be one of the persons who, along with others, unlawfully entered the RTO barrier and residential campus, abused the officers with obscene language, obstructed them in the discharge of their official duties, and assaulted the staff, 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, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to be one of the persons who, along with others, unlawfully entered the RTO barrier and residential campus, abused the officers with obscene language, obstructed them in the discharge of their official duties, and assaulted the staff, but considering the fact that present applicant is not named in the FIR, hence his case is 4 distinguishable from that of the eight other co-accused persons, who are named in the FIR, as such, without further 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 - Mithlesh Kumar Ravi, 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