1 2025:CGHC:9376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 263 of 2025 Arun Dhruv S/o Late Shri Thakur Ram Dhruv, Aged About 51 Years, R/o Gaurbhaat, Arang, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Arang, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Rohit Sharma, Advocate. For Non-Applicant/State : Dr. Saurabh Pande, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2025 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. 737/2024 registered at Police Station - Arang, District - Raipur (C.G.) for the offence punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the villagers and other ofÏcials of Gram Panchayat Gaurbhaat, Arang District- Raipur (C.G.) have conducted auction of sand ghat (ReitGhat) without any authority to do so. The said fact came to the knowledge of the ofÏcials upon a viral video PREETI KUMARI Digitally signed by PREETI KUMARI 2 being circulated in news portal wherein the villagers are seen conducting the so called Reit Ghat auction. The said fact was taken note of by the State authorities and whereupon an FIR was lodged against the ofÏcials of village development society and other personal who conducted the said auction process, however, with ulterior motive the name of the present applicant has also been roped in despite the fact that, the present applicant was neither present at any such place of incident nor is aware of any such auction. Based on the complaint of assistant mining ofÏcer District Mining OfÏce Raipur an FIR was lodged by the police of police station Arang, District- Raipur (C.G.) bearing crime No. 737/2024 for offence punishable under section 318(4) and 3(4) of Bhartiya Nyaya Sanhita 2023. 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 the applicant is presently posted as Panchayat Sachiv where the incident of Sand Ghaat (Reit Ghaat) auction took place and have no role in the commission of the alleged offence which has taken place. He further submitted that the prosecution is utterly ignoring the fact on the alleged day (10.11.2024) of the incident, the present applicant was having ofÏcial holiday (Sunday) and therefore was not even required to monitor or to be present in any alleged misconduct or illegal activity. Thus, inculcating the present applicant without any basis and void. Further, the applicant has two previous criminal antecedent which has been registered as Crime Nos. 72/2001 and 230/2001 at Police Station Arang, District – Raipur (C.G.) in both the cases, he has been acquitted by the trial Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel oppose the bail application. 3 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 applicant is presently posted as Panchayat Sachiv where the incident of Sand Ghaat auction took place and have no role in the commission of the alleged offence which has taken place, further, the applicant has two previous criminal antecedents, in which he has been acquitted by the trial Court, 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 – Arun Dhruv 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) 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 her 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 her 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 involved herself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti