1 2025:CGHC:4990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 148 of 2025 Phool Kumar Singh S/o Late Jagjit Singh Thakur Aged About 32 Years R/o Village Bandhapali Thana Chhal District - Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer Police Station Chhal District - Raigarh (C.G) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2025 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 Crime No. 302/2023 [however, wrongly mentioned as 302/2024 in the bail rejection order] registered at Police Station – Chhal, District - Raigarh, (C.G.) for the offence punishable under Sections 147, 148, 186, 342, 332, 353 and 447 of the IPC. 2. The case of the prosecution, in brief is that on 16.12.2023, the informant namely Mrinal Kanti Bhadra who happens to be the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Security in charge of the SECL Sub-Area & Assistant Commandant of 9th Battalion, TSR, lodged a written complaint before the Police Station-Chhal with the averment that on 15.12.2023 at around 13:30 hrs, the informant received a telephonic information that when the employee of 9th Battalion, TSR (Tripura State Rifles), have objected & stopped illegal entry of certain Dumper Driver, the Dumper drivers by violating the valid orders, have tried to enter into the mines area by creating a short cut way and due to which a position of Jam has occurred and proper mining work in mines area would have been disrupted. Thereafter, around 150-300 villagers (mostly women) armed with stones, wooden sticks & sharp-edged weapons, at the also instigated by these drivers started to protest violently and attacked the personnel, due to which some of the security personnel sustained injuries.Thereafter, the crowd/villagers gherao the ofÏcers & also prevented the security personnel from performing their duties. On this complaint, police authorities registered instant crime number against unknown persons for offence stated as above. During the course of investigation, the Police authorities on 18.08.2024 arrested accused Ravi Thakur (who happens to be elder brother of applicant herein) and the basis of statement of accused Ravi Thakur recorded under section 94 of BNSS, other co-accused namely Naseeb, Ajit & Gulshan had been arrested on 15.09.2024 and accused Suhabuddin has been arrested on 29.09.2024. Thereafter, the applicant herein came to know that the police authorities are also trying falsely implicate & arrest the applicant herein in aforesaid crime number, as such, the 3 applicant has preferred anticipatory bail before the Court below and vide order dated 04.01.2025, the Court below was pleased to reject the application of the applicant. Hence, this anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the co-accused namely Ravi Singh Thakur has already been granted regular bail by this Court being MCRC No. 7215/2024, vide order dated 17.10.2024 and further that the applicant has not named in the FIR, he has been made accused only on the basis of memorandum statement of the co-accused. Accordingly, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that in the present case, the co-accused person, namely, Ravi Singh Thakur has already been granted regular bail by this Court being MCRC No. 7215/2024, vide order dated 17.10.2024 and moreover the applicant has not named in the FIR, he has been made accused only on the basis of memorandum statement of the co-accused, therefore, without further consideration on merits, I am inclined to 4 grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Phool Kumar Singh, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal