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2026 DAILYLAW 1202 (CHH)

MAHENDRA PANDEY v. STATE OF CHHATTISGARH

MCRCA/400/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 400 of 2026 Mahendra Pandey S/o Shri Satyanarayan Pandey, Aged About 37 Years R/o Village Mahalpara, Baikunthpur District- Korea (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Baikunthpur District- Korea (C.G.) ... Respondent For Applicant : Shri Ghanshyam Sharma, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. For complainant : Shri Anurag Singh, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/03/2026 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.59/2026 registered at Police Station – Baikunthpur, Distt. Korea (CG) for the offence punishable under Section 308 (2) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.19 10:58:09 +0530 2 2. Case of the prosecution, in brief, is that Ajay Kumar Sahu has a society office in Dhaura Tikra. On dated 28.10.2025 the applicant/accused told the society employees to tell the manager to give him 50,000 rupees, otherwise he would not let the society run. Later, on 20.11.2025, applicant/accused Mahendra came to the office and told the applicant/complainant that he is a journalist and if you are running society, you should take care of them as well. He also said that once you give 50,000 rupees, no other problem will occur and he will manage all his journalists as well. Angered by this the applicant/complainant submitted a written complaint to the police station Baikunthpur on basis of this PS Baikunthpur lodged Crime No. 59/2026 against the applicant/accused at PS Baikunthpur on dated 15.02.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and the FIR has been lodged with an unexplained delay of 2–3 months from the alleged date of incident. He would submit that the alleged incident dated 28.10.2025 is doubtful, as on the same date a rally was being conducted and the office concerned was already closed due to an strike of employee since 24.10.2025. He would submit that the complainant was terminated from service on 14.11.2025; therefore, his claim of being present in the office and interacting with the applicant on 20.11.2025 is false and fabricated. He would submit that the complainant himself used abusive and defamatory language against the applicant and his wife on a WhatsApp group, which led to a prior complaint (NCR) by the applicant’s wife and the present FIR appears to be a counterblast to the earlier complaint lodged by the applicant’s 3 wife. He would submit that the applicant is a reputed journalist, and his arrest would cause irreparable damage to his reputation. He would submit that the applicant undertakes to cooperate with the investigation and will not influence witnesses or tamper with evidence, the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the prayer for grant of anticipatory bail. She would submit that the applicant has seven criminal antecedents, therefore he is not entitled for grant of anticipatory bail. 5. Learned counsel for the complainant also oppose the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that the applicant’s wife has lodged complaint against the complainant prior to lodging of this FIR and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mahendra Pandey, on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, 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 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri