1 2025:CGHC:5314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 151 of 2025 1. Sudama Khamhari S/o Ugrasen Gupta Aged About 38 Years (Wrongly Mentioned As Sudama Gupta), ---R/o Village- Chhichhaur Umriya, Tehsil- Pusaur, District- Raigarh (Chhattisgarh) 2. Uttam Sidar S/o Anadi Sidar Aged About 47 Years R/o Village Chhichhaur Umariya, Tehsil - Pusaur District - Raigarh (Chhattisgarh). 3. Resham Gupta S/o Ashok Kumar Gupta Aged About 29 Years R/o Village Chhichhaur Umariya, Tehsil - Pusaur District - Raigarh (Chhattisgarh). 4. Kailash Gupta S/o Khirsagar Gupta, Aged About 24 Years R/o Village- Chhichhaur Umriya, Ward No. 05, Tehsil- Pusaur District- Raigarh (Chhattisgarh) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Pusaur, District- Raigarh (Chhattisgarh) ... Non-Applicant For Applicants : Mr. Siddhant Tiwari, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.30 11:12:45 +0530 2 are apprehending their arrest in connection with Crime No. 294/2024 registered at Police Station – Pusaur, District- Raigarh (C.G.) for the offence punishable under Sections 191(2), 190, 296, 115(2), 132, 121(1) and 221 of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, namely, "Shishupal Bhoy" filed written complainant before Police Station Pusaur District- Raigarh, he is the public servant/in-charge of the Paddy Procurement Center of the Cooperative Society located in the village Chhichhor Umaria is working as a weigher since 29.11.2024, his job is to prepare weighing slip after getting the paddy weighed, On 16.12.2024, he was busy with his work and about 11.00 am to 11.30 am, where he was preparing the weighing slip of the farmers the alleged applicants with other co-accused persons entered the premises without permission and weighed the unweighed sack of paddy by themselves in the electronic scale which was 42 kg whereas the weight of the paddy sack weighed by them was 40 kg 700 grams, due to this an altercation between the parties took place where the alleged accused persons have obstructed the public servant from performing his duty and Hence, this bail application under Section 482 of the BNSS for grant of anticipatory bail to the present applicants under the following grounds. 3. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that co-accused persons, namely, Prakash Nayak and Sukh Sagar Gupta, Rohit Patel and Bajrang Gupta has already been granted anticipatory bail by this Court vide order dated 09.01.2025 and 23.01.2025 passed in MCRCA Nos. 12/2025 and 116/2025 respectively and the applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and from perusal of the case diary, it appears that the complainant was working as a Paddy Purchase Center In-charge where he was preparing a weighing slip for farmer Om Prakash Gupta. During that time, Prakash Nayak, Rohit Patel, Sukhsagar, Bajrang Gupta, Kailash Gupta, Sudama Khambhari, and others entered the center and hurled filthy languages and weighed the paddy bags on the electronic scale without permission, thereby intimidating the complainant, due to this, an altercation between the parties took place where the alleged accused persons have obstructed the public servant from performing his duty. As such, the present applicant is not entitled for grant of anticipatory bail. 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 leveled against the applicant and the fact that the co-accused persons, namely, Prakash Nayak and Sukh Sagar Gupta, Rohit Patel and Bajrang Gupta has been granted anticipatory bail by this Court vide order dated 09.01.2025 and 23.01.2025 passed in MCRCA Nos. 12/2025 and 116/2025 respectively, and further the applicant has no previous criminal antecedents, hence, 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 Nos. 1, 2, 3 and 4 – Sudama Khamhari, Uttam Sidar, Resham Gupta and Kailash Gupta on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person 4 acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 Applicants 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 Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti