1 2025:CGHC:57287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1851 of 2025 Abhay Shaha S/o Parimal Shaha Aged About 23 Years (Aadhar No. 4370 4653 0684) R/o 106, Near Machali Market, Mana Camp, Raipur, District - Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The District Magistrate - Raipur, District - Raipur (C.G.) (Concerned Police Station - Rakhi) ... Respondent For Applicant : Shri Hari Agrawal, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/11/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.26 16:55:15 +0530 2 Crime No.165/2025 registered at Police Station –Rakhi, District- Raipur (C.G.) for the offences punishable under Sections 324 (4), 221, 132, 296, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 3 (2) [wrongly mentioned as 3(5) in some portion of order] of Prevention of Damage of Public Property Act, 1984. 2. Case of the prosecution, in brief is that vide written report dated 09.10.2025, the complainant namely Sanjay Tiwari, who happens to be the Additional Director, Office of Directorate of Public Relations, Indrawati Bhavan, filed a written report against four unknown persons to the effect as under:- (i) On 09 10 2025 @ 12:30 PM, he was sitting in office and having discussion with one Senior journalist of Channel India namely Pawan Dubey, at that time, four unknown persons entered his office. (ii) Since there was little space left in the office, said Pawan Dubey left the office (iii) Thereafter, one person who was wearing black shirt (stating his name to be Toushit or Tokir and that he is a journalist) pointing towards other person, told that yesterday who have manhandled him. (iv) To this, the complainant told them to sit and narrate the entire incident, but the person wearing black shirt said that they have not come to sit and started to quarrel with the complainant (v) Thereafter, the complainant told these persons to get out of office and when they refused, he tried to move them out of office 3 and at this time, all the four persons caught hold of him and somehow, the complainant released himself and ran out of room to save his life. Outside also, these people were arguing with the complainant and this episode went for 10-15 minutes (vi) Then thereafter, one Manoj Pandey who happens to be editor of Newspaper- Buland Chhattisgarh entered the office and starting talking about this incident. (vii) Thereafter, the applicant herein received a phone call and during the telephonic conversation, the complainant overheard that these four persons were telling aforesaid Manoj Pandey that he himself has brought them in office and now applicant herein is talking with complainant. Also they have also prepared the video of incident, as told by aforesaid Manoj Pandey. Thereafter, the Police authorities registered the aforesaid crime number against four unknown persons but the applicant herein came to know that the Police authorities are trying to arrest the applicant herein in aforesaid crime number, preferred an anticipatory bail before the Court below and vide order dated 10.11.2025, the Court below was pleased to reject the application of the applicant herein, hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that editor of the news paper namely Brijbhaal @ Manoj Pandey has already been enlarged on anticipatory bail by this Court in MCRCA No.1687/2025 on 04/11/2025 whereas the 4 applicant is the hawker of the news paper, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, considering the fact that editor of the news paper namely Brijbhaal @ Manoj Pandey has already been enlarged on anticipatory bail by this Court in MCRCA No.1687/2025 on 04/11/2025 whereas the applicant is the hawker of the news paper and also considering the fact that investigation and trial are likely to take some time, therefore, 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 – Abhay Shaha, 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 disclosing such fact to the 5 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 gouri