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2025 DAILYLAW 52217 (CHH)

DEEPAK TANDON v. STATE OF CHHATTISGARH

MCRCA/1526/2025 · 2025-10-06

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Judgment text

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1 2025:CGHC:49794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1526 of 2025 1 - Deepak Tandon S/o Itwari Tandon Aged About 28 Years R/o Ward No. 12 Ghasidas Chowk, Govindkhanbilaigarh, District- Baloda-Bazar- Bhatapara, Chhattisgarh. 2 - Ramkumar Pankaj S/o Hemlal Pankaj Aged About 21 Years R/o House No. 21 Bajrang Chowk, Village Karba, Dabri District- Baloda- Bazar- Bhatapara, Chhattisgarh. 3 - Wazid Mohammad Qureshi S/o Karim Mohammad Qureshi Aged About 33 Years R/o Ward No. 04 Kerijhar, Saliha, District- Baloda- Bazar- Bhatapara, Chhattisgarh. 4 - Mishan Kumar Banjare S/o Lakshmiram Banjare Aged About 28 Years House No. 48, Ghasidas Chowk, Karba, Dabri, District- Baloda- Bazar- Bhatapara, Chhattisgarh. 5 - Satish Kumar S/o Kanhiya Lal Aged About 41 Years, R/o Karba, Dabri, Pawni District- Baloda-Bazar- Bhatapara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Saliha, Distt-Sarangarh- Bilaigarh Chhattisgarh. ... Respondent(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. Today, the matter is listed on default that certified copy of impugned order is not filed completely. 2. On due consideration, the aforesaid default is waived off. 3. With the consent of learned counsel for the parties, the matter is heard finally. 4. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 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 Bharatiya Nyaya Sanhita (for short ‘BNS’). 5. Prosecution case in brief is that as per the prosecution, on 21.08.2025, the applicants, along with certain other persons, assembled and blocked the main gate of Police Station Saliha, District Sarangarh–Bilaigarh, in protest against the officials of the said police station. The protest subsequently turned violent. It is further alleged that the applicants and others indulged in rioting 3 with the intention to assault and trespass into the premises of the police station. Accordingly, the present FIR was registered. Hence, the anticipatory bail application. 6. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in the present case. He further submits that four of the identically situated co-accused persons, namely, Lilaman Singh Thakur, Kiritram Netam, Bhawani Shankar and Dayman Singh Kanwar @ Diamond Kanwar have already been granted anticipatory bail by this Court vide common order dated 18.09.2025 in MCRCA No.1449 of 2025, hence he prays for grant of anticipatory bail to the applicants on the ground of parity. 7. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that on 21.08.2025, the applicants, along with several others, allegedly assembled and blocked the main gate of Police Station Saliha, District Sarangarh–Bilaigarh, in protest against the police officials of the said police station. During the course of the protest, the mob turned violent, and the applicants is alleged to have participated in the rioting with an intention to assault and unlawfully trespass into the premises of the police station, therefore, they are not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused the case diary. 4 9. 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 applicants, along with several others, allegedly assembled and blocked the main gate of Police Station Saliha, District Sarangarh–Bilaigarh, in protest against the police officials of the said police station with intention to assault and unlawfully trespass into the premises of the police station, but considering the fact that four of the co- accused persons, namely, Lilaman Singh Thakur, Kiritram Netam, Bhawani Shankar and Dayman Singh Kanwar @ Diamond Kanwar have already been granted anticipatory bail by this Court vide common order dated 18.09.2025 in MCRCA No.1449 of 2025 and the case of present applicants is identical to that of the aforementioned co-accused persons, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Deepak Tandon, Ramkumar Pankaj, Wazid Mohammad Qureshi, Mishan Kumar Banjare and Satish Kumar, 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 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 5 dissuade them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them 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 shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil