1 2025:CGHC:50648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1562 of 2025 1 - Chhabi Lal Sahu S/o Dayaram Sahu Aged About 28 Years By Caste - Teli, R/o Village - Tegnakachhar, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh 2 - Umashankar Chandra S/o Shambhu Lal Chandra Aged About 34 Years By Caste - Chandrnahu, R/o Village Jogidipa, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh 3 - Gouri Shankar Sahu S/o Samme Lal Aged About 38 Years By Caste - Teli, R/o Village Dhansir, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh 4 - Khagesh Kumar Chouhan S/o Budel Singh Chouhan Aged About 25 Years By Caste Gada, Village - Dhansir, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh 5 - Rajesh Kumar Kaiwartya S/o Rameshwar Prasad Kaiwartya Aged About 34 Years By Caste - Kewat, Village - Dhansir, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh 6 - Naresh Kumar Choudhari S/o Janak Ram Choudhari Aged About 54 Years By Caste - Aghariya, Village - Banikhar, Police Station - Saliha, Tahsil - Bilaigarh, Distt. Sarangarh-Bilaigarh Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Saliha, Distt. Sarangarh-Bilaigarh Chhattisgarh ... Respondent(s) ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.10 20:24:03 +0530 2 For Applicant(s) : Mr. Rajbahadur Singh, Advocate For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 66/2025 registered at Police Station – Saliha, Distt. Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 191(2), 221, 296, 132, 121(1), 329, 331(5) and 352 of the BNS. 2. The prosecution story, in brief, is that one Shri Deepak Tandan, President, Block Congress Committee, Bilaigarh, had called for a protest against the alleged inaction of the police personnel of Police Station Saliha, who, despite several complaints made by local villagers, had failed to take any effective step against ongoing illegal activities within their jurisdiction. It is alleged that rampant gambling, illegal sale of liquor, and cattle smuggling have been continuing in the area for a considerable time, yet the police authorities remained indifferent to these complaints. The villagers had repeatedly informed the police administration about these unlawful activities, but no concrete or deterrent action was taken. Due to such continued inaction, law and order in the locality was 3 reportedly deteriorating, and the young generation was said to be falling prey to drug and liquor addiction. Aggrieved by this apathy, a peaceful protest was organized before Police Station Saliha at the call of the said Deepak Tandan. It is stated that during the said protest, the demonstrators were protesting peacefully, however, when the police tried to disperse the gathering using mild force, a minor scuffle ensued between the police personnel and the protesters. It is further submitted that no person sustained any injury during the said incident. Despite the protest being largely peaceful, the police of Police Station Saliha registered an FIR against the protesters, including the present applicants, alleging commission of offences punishable under Sections 191(2), 221, 296, 132, 121(1), 329, 331(5), and 352 of the Bharatiya Nyaya Sanhita, 2023. Pursuant to the said FIR, the police have sought to arrest the present applicants in connection with the alleged offences. 3. Learned counsel for the applicants submits that the applicants are innocent villagers who have been falsely implicated in the present case merely for participating in a peaceful protest organized by co-accused Shri Deepak Tandan, President, Block Congress Committee, Bilaigarh. It is contended that the said protest was called to express public resentment against the inaction of the police personnel of Police Station Saliha, who had failed to take any effective steps on repeated complaints made by the villagers regarding rampant illegal activities such as gambling, illicit sale of 4 liquor, and cattle smuggling continuing unabated in the locality. It is further submitted that the protest was completely peaceful, and prior written intimation of the same was duly given to the competent authorities vide letters dated 18.08.2025 and 21.08.2025. However, instead of addressing the genuine grievances of the public, the police have maliciously registered the present FIR against about twenty protesters, including the applicants, with the sole intent to suppress the voice of dissent. Even if the entire prosecution story is accepted as true, the essential ingredients of the alleged offences under Sections 191(2), 221, 296, 132, 121(1), 329, 331(5) and 352 of the BNS are not made out. 4. Learned counsel for the applicant further submits that the applicants neither indulged in any act of violence nor caused obstruction in discharge of official duties of the police officers. The alleged scuffle mentioned in the FIR was merely a minor exchange that occurred when the police attempted to disperse the crowd, and no injury was caused to any person. It is argued that the present case has been registered in a mechanical manner, without any material showing criminal intent on the part of the applicants. It is further pointed out that in the same case, four co- accused persons namely Lilaman Singh Thakur, Kiritram Netam, Bhawani Shankar Ratre and Dayman Singh Kanwar @ Diamond Kanwar have already been granted bail by this Court vide order dated 18.09.2025 passed in M.Cr.C.(A) No. 1449/2025, and the 5 case of the present applicants stands on identical footing. Hence, on the grounds of parity and considering the peaceful nature of the protest, it is prayed that the applicants be enlarged on bail. 5. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants, but could not dispute the fact that four co-accused persons namely Lilaman Singh Thakur, Kiritram Netam, Bhawani Shankar Ratre and Dayman Singh Kanwar @ Diamond Kanwar have already been granted bail by this Court vide order dated 18.09.2025 passed in M.Cr.C. (A) No. 1449/2025, and the case of the present applicants stands on identical footing. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and further the fact that four co-accused persons namely Lilaman Singh Thakur, Kiritram Netam, Bhawani Shankar Ratre and Dayman Singh Kanwar @ Diamond Kanwar have already been granted bail by this Court vide order dated 18.09.2025 passed in M.Cr.C.(A) No. 1449/2025, copies of which are attached with the bail application and the case of the present applicants stands on identical footing, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicants on the ground of 6 parity. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Chhabi Lal Sahu, Umashankar Chandra, Gouri Shankar Sahu, Khagesh Kumar Chouhan, Rajesh Kumar Kaiwartya and Naresh Kumar Choudhari, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They should 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) They should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek