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2025 DAILYLAW 61551 (CHH)

BHANWAR LAL MAURYA v. STATE OF CHHATTISGARH

MCRCA/1966/2025 · 2025-12-18

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Judgment text

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1 2025:CGHC:61849 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1966 of 2025 Bhanwar Lal Maurya S/o Shri Samlu Ram Maurya, Aged About 31 Years, R/o Bhandari Para, Lamdaguda, Chitrakot, Block and P.S. Lohandiguda, District Bastar C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Lohandiguda, District – Bastar, C.G. ... Non-Applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.12.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 66/2025 registered at Police Station – Lohandiguda, District – Bastar, (C.G.) for the offence punishable under Sections 132, 221, 296, 324(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant Ravikant Thawait, S.D.O., Department of Rural Engineering, Lohandiguda, submitted a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.19 16:56:58 +0530 2 complaint stating that, pursuant to the orders of the Collector dated 12.06.2025 and 12.09.2025, the contractor M/s Rekha Agency was carrying out the construction of toilets on government land situated at the Chitrakot Waterfall tourist area. The construction work was being executed by Harshit and Ramesh Nishad under the supervision of Sub-Engineer Emran Khan. On 28.11.2025, at about 09:00 A.M., when they reached the site, the applicant Bhanwar Lal Maurya, who is the Sarpanch of the village, allegedly instructed them to stop the work. It is further alleged that the applicant abused the mason engaged in the construction work. On the basis of the said complaint, an FIR was registered against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is the present Sarpanch of the village and belongs to the opposition political party. For political reasons, the administration has falsely registered the FIR against him. It is further submitted that, on the date of the alleged incident, the villagers of Village Chitrakot were objecting to the construction of a toilet at a location situated in the middle of the area where the annual fair is held. The villagers were merely suggesting a nearby alternative site for the construction of the toilet. On this basis alone, the FIR has been registered with concocted and exaggerated allegations. Although many villagers and Panchas were present at the spot, the applicant has been singled out and falsely implicated. It is also submitted that the applicant has only one previous criminal antecedent, which is preventive in nature. Therefore, the applicant prays for the grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and 3 submits that the applicant has one previous criminal antecedent except the Istagas, hence, he is not entitle for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the submissions made by learned counsel for the applicant, the nature of allegations levelled against the applicant, the fact that the applicant is the elected Sarpanch of the village and claims false implication due to political rivalry, the circumstance that the alleged incident arose out of objections raised by villagers regarding the location of construction of a toilet, the absence of any specific overt act attributed exclusively to the applicant despite the presence of several villagers at the spot, and further taking into account that the applicant has one previous criminal antecedent except the Istagasa, this Court is of the view that the applicant is 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 applicant – Bhanwar Lal Maurya on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she 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. (d)The Applicant and the surety shall submit a copy of their 4 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 involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti