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2025 DAILYLAW 49795 (CHH)

PIYUSH GOLE v. STATE OF CHHATTISGARH

MCRCA/1419/2025 · 2025-09-14

body2025

Judgment text

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1 2025:CGHC:47364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1419 of 2025 Piyush Gole S/o Shashinarayan Gole Aged About 27 Years R/o Maurya Aata Chakki, Dayalband, District - Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Sarkanda, District - Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. For Objector : Mr. Robin A. Lal, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1026/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 221, 132,296, 115 (2) & 351(2) of the Bhartiya Nyaya Suraksha Sanhita, 2023. 2 2. As per the prosecution story in brief, it is alleged that on 28.07.2025 at around 02.25 pm the accused/applicant the Electricity entered Distribution Centre Khamtarai and the argument arised between the accused/applicant and the complainant regarding the excess bill which was given to the accused, to which the accused asked if the bill can be paid in installments and the complainant was prevented from performing his duties and was abused and manhandled by the accused, it is also alleged that on being asked not to create a ruckus the applicant continued misbehave due to which the work of the department official was disrupted and a law and order situation arose and a report of which was filed. 3. The applicant is innocent and has been falsely implicated in the present case, as the ingredients of the alleged offences are not made out. The case arises from a business dispute relating to an excessive electricity bill raised on 27.07.2025, which led to a misunderstanding and situational tension between the applicant, who runs a brick manufacturing business, and the complainant. The matter has since been amicably resolved, and the complainant has executed an affidavit affirming the same, annexed as Annexure A/3. The applicant is a young businessman with a family business and a settled reputation, which may be adversely affected if he is sent to jail, therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel as well as the learned counsel for the objector opposed the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 - Piyush Gole, 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) 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav