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2025 DAILYLAW 56211 (CHH)

DEVA @ DEWVRAT SAHU v. STATE OF CHHATTISGARH

MCRCA/1842/2025 · 2025-11-23

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:57044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1842 of 2025 1 - Deva @ Dewvrat Sahu S/o Tuka Ram Sahu Aged About 30 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 2 - Ishwar Lal Bhandari S/o Jagta Ram Bhandari Aged About 55 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 3 - Heera Lal Sahu S/o Kapil Ram Sahu Aged About 52 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 4 - David Kumar Sahu S/o Dilip Kumar Sahu Aged About 20 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 5 - Parmeshwar Dewangan S/o Jairam Dewangan Aged About 35 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 6 - Man Singh Dewangan S/o Sohan Lal Aged About 49 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 7 - Pomesh Kumar S/o Narendra Kumar Aged About 33 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 8 - Mukesh Nath Yogi S/o Ram Krishna Yogi Aged About 39 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 9 - Lukeshwar Kumar S/o Tekuram Bhandari Aged About 20 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 10 - Tukesh Nishad S/o Soman Nishad Aged About 22 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) 11 - Pritam Thakur S/o Raghunath Singh Aged About 48 Years R/o Village Kurdi, P.S. Arjunda, District Balod (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through District Magistrate Balod, District Balod (C.G.) ... Respondent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.25 17:26:45 +0530 2 (Cause title is taken from Case Information System) For Applicants : Mr. Sumit Singh, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.11.2025 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.146/2025 registered at Police Station – Arjunda, District – Balod (C.G.) for the offence punishable under Sections 221, 121(1), 132, 190, 191(2), 192, 221, 296, 324(4), 127 and 351(3) of BNS. 2. The prosecution story, in brief, is that on 23.10.2025 between 20:30 pm – 21:00 pm, the villagers were gathered outside the house of accused who had hit three persons with a sickle and were creating a ruckus saying “take them out”, we will kill them. The police force and cyber team arrived on duty and the mob became violent and started to abuse and vandalize the on-duty vehicles resulting in injuries to the complainant/constable Akash Soni. On the above mentioned averments report was lodged against the applicants and other co- accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is also argued by learned counsel for the applicant that one accused namely Kamlesh Sahu, who was involved in a criminal case and he has not been arrested by the police persons, therefore applicants along with other co-accused persons made a demonstrations against the non arresting him. He also submits that the present FIR lodged against the present applicants by one constable namely Aaksh Soni, 3 who has been assaulted by applicants and other co-accused, as a result injured received simple injuries. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, considering the fact that injuries sustained by the injured, which is simple in nature this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Deva @ Dewvrat Sahu, Ishwar Lal Bhandari, Heera Lal Sahu, David Kumar Sahu, Parmeshwar Dewangan, Man Singh Dewangan, Pomesh Kumar, Mukesh Nath Yogi, Lukeshwar Kumar, Tukesh Nishad and Pritam Thakur on executing a personal bond with 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 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. 4 (d)The Applicant and the surety 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)The Applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali