Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:50084
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1535 of 2025 Tameshwar Kumar S/o Govind Ram Patel Aged About 28 Years R/o Village Kandul, Police Station- Arjunda, District- Balod Chhattisgarh. ... Applicant
versus State Of Chhattisgarh Through- Station House Officer, Police Station- Arjunda, District- Balod Chhattisgarh. ... Respondent For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Sakbi Khan, Panel lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 08.10.2025
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. 122/2025 registered at Police Station – Arjunda, District – Balod (C.G.) for the offence punishable under Sections 221,121(1), 324(3), 191(1), 296, 351(3), 115(2), 331(3), 126(2) & 132 of BNS. 2. The prosecution story in brief is that on 17.08.2025 the applicant and other co-accused persons formed unlawful assembly at Electricity Distribution Centre, Arjunda and on account of disturbance in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 18:52:48 +0530
2 electricity supply, the accused persons have abused the officials and assaulted with them and also damaged the property. The report to the above effect was made by Junior Engineer namely Homendra Kumar at Police Station, Arjunda, upon which, the alleged offences have been registered against the accused persons including present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. On the date of the alleged incident, the applicant was not present at the premises of the Electricity Distribution Centre, Arjunda, and he was not a member of any unlawful assembly. It is submitted that due to disconnection of electricity in the village for the last two to three months, some villagers had visited the Electricity Office only to know the reason for such disconnection; however, no such unlawful incident took place, and the villagers neither obstructed the employees from discharging their official duties nor caused any damage to the property of the office. It is further submitted that the employees of the Chhattisgarh State Power Distribution Company Limited are not government servants but employees of a separate entity, therefore, the alleged offences are not made out against the applicant. The essential ingredients of the alleged offences are not attracted against the present applicant. The applicant is a reputed person in society, and his arrest would cause irreparable damage to his reputation. The applicant is ready and willing to abide by all directions and conditions that may be imposed by this Hon’ble Court while granting bail, therefore he prays for grant of anticipatory bail. 3
4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5.
I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence.
submissions made by learned counsel for the parties and also considering the fact that co-accused namely Padum Lal has already been granted bail by this Court in MCRCA No. 1315 of 2025 vide
order dated 01.09.2025, injuries sustained by the injured are simple in nature and the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case 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 – Tameshwar Kumar, 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
4 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