1 2025:CGHC:61051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1965 of 2025 1 - Shiv Dhurve @ Shiva S/o Nemichand Dhurve Aged About 32 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 2 - Chuna Netam W/o Devendra Netam Aged About 33 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 3 - Jirola Uike W/o Radhelal Aged About 41 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 4 - Rani Mandavi W/o Rajpati Mandavi Aged About 41 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 5 - Vishal Dhuve S/o Jodharam Dhurve Aged About 26 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 6 - Taraji S/o Mohan Aged About 28 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 7 - Jaggu Jagat S/o Dilip Jagat Aged About 27 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 8 - Dharam S/o Bharat Aged About 22 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 9 - Nandi Dhurve S/o Ashok Dhurve Aged About 29 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 10 - Bhushan Markam S/o Chanra Shekar Aged About 24 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 11 - Sudhama Dhurve S/o Natyoo Singh Dhurve Aged About 36 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) 12 - Jitendra Kumar S/o Makhan Lal Aged About 28 Years R/o Dera Basti Farid Nagar, Supela, Bhilai, District- Durg (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through- Police Station Supela Chowki Smriti Nagar District- Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. B.P.Singh, Advocate VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 17:33:09 +0530 2 For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This is the 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.1224/2024 registered at Police Station – Supela Chowki Smriti Nagar, District – Durg (C.G.) for the offence punishable under Sections 191(2), 296, 121, 121(2), 132 of BNS, 2023 and Sections 3 of Prevention of Damage to Public Property Act. 2. T That as per prosecution story, Head Constable Ram Krishan Sinha of Supela Police Station logged a report on dated 20/11/2024 at about 5:30 pm suddenly large crowd of people gather outside of police station and false allegation has been leveled on Supela Police station that they beaten the Accused Pintu Netam in the crime No. 1104/2024 in section 115(2),309(4), 3(5) Of B.N.S and he was admitted in Mekara Hospital, Raipur in a serious condition and they started shouting outside of the police station and hearing that police in-charge Vandita Panikar and other staff of police station Tushad chadaiya constable and G. Laxminaryan came outside of police station and they tried to convince them but outside the police station 50-60 men and women gathered and they all were violent and abusing the police and they were claiming that police had beaten up their men. They started throwing stone at police station and climbed over the iron gate and entered into the police station and police tried to stop them from entering the police station. When police logged the complaint against them they started abusing the police person and then one man named Suresh Giri forcefully climbed the main gate of police station and tried to break it by kicking the door of police station which caused it to fall and the present applicants Chuni Bai started abusing and punching with his fist in the stomach of women Police incharge namely Vandita Panikar. When all the 3 staff tried to intervene in this matter then Girola Bai, Mitani, Mori Bai, Sudama, Shiva, Vishal Dhurve, Dharam Jagat, Bhusan Dhurve, Taraji, Nandi Dhurve, and Accused Suresh Giri, Jitendra and all other member stated abusing him, pushing him and twisted his middle finger of right hand of the head constable harish singh and due to which he was injured and Vishal Dhurve, Sudama, Dharam Jagat together started pulling and tearing the uniform of Tushad chadaiya and G. Laxminarayan and the main accused Suresh GiRI, Jaggu, Bhushan Dhurve, Girola Bai, Mitani, Mori Bai and all entered into the Munshi Room and kicked the table chair kept in the room and started abusing the assistant constable Aniket Chandrakar and Dehra Ram Sahu. They were also engaged in a fight with them and to control the crowd the police control room summoned the nearby police station. The crowed was removed from the police station and they also obstructed government work, damaged government property and abused, threatened to kill, and assaulted the police officers and staff present at police station. A case was register against the present applicants and other accused at police station Smriti section Nagar, Thana under Supela 191(2),296,121,121(2), 132 of the BNS and Section 3 of the Prevention of Damage to Public Property Act. The investigation is currently ongoing. From the case dairy it has been found that the applicants along with their associates obstructed the Government work, damaged the Government properties of police station of Smriti Nagar Thana Supela and abused the police officers and threatened to kill them. In this case, Suresh Giri, and another accused in this case has not been granted the anticipatory bail by this court, but has been granted the benefit of regular bail, he has been in judicial custody for about 3 months and has no previous criminal record. The first anticipatory bail application filed by Shiv Dhurve, Chuna Netam, Jirola Uike, Rani Mandvi, Vishal Dhruve, Taraji, Jaggy, Dharam, Nandi Dhruve, Bhushan Markam, Sudhama Dhurve, Jitendra Kumar under section 482 of the BNSS is dismissed. 3. It has been argued by the learned counsel for the applicant that the 4 applicant is innocent and has falsely been implicated in this case. It is submitted that there is no any criminal antecedents against the present applicants. He also submits that Suresh Giri, and another accused have already been granted regular bail. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that one Suresh Giri, and another accused in this case has not been granted the anticipatory bail by this court, but has been granted the benefit of regular bail, he has been in judicial custody for about 3 months and has no previous criminal record. The first anticipatory bail application filed by Shiv Dhurve, Chuna Netam, Jirola Uike, Rani Mandvi, Vishal Dhruve, Taraji, Jaggy, Dharam, Nandi Dhruve, Bhushan Markam, Sudhama Dhurve, Jitendra Kumar under section 482 of the BNSS is dismissed by the learned trial Court. 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 applicants and considering the fact that applicants have no any criminal antecedents and also one Suresh Giri, and another accused have already been granted regular bail, hence 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 – Shiv Dhurve @ Shiva, Chuna Netam, Jirola Uike, Rani Mandavi, Vishal Dhuve, Taraji, Jaggu Jagat, Dharam, Nandi Dhurve, Bhushan Markam, Sudhama Dhurve, and Jitendra Kumar 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:- 5 (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. (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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali