1 2026:CGHC:5272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 152 of 2026 Geetesh Kumar S/o Bhuneshwar Ram Aged About 28 Years R/o Khursitikur, Surdongar Dondi, Balod District- Balod, Chhattisgarh (Wrongly Mentioned As Nites Kumar In Annexure A-1/a-2) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District- Durg, Chhattisgarh, ... Respondent For Applicant : Mr. Aditya Kumar Mishra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2026 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. 609/2025 registered at Police Station – City Kotwali, District- Durg(C.G.) for the offences punishable under Sections 221, 126(2), 191(2), 121(1), 132, 61(2), 125(a) of the BNS. 2. Case of the prosecution in brief is that, on 01.12.2025, while police personnel were deployed on law and order duty at Patel Chowk near VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.31 11:21:40 +0530 2 the BSNL Office, Durg, the present applicant, along with other co- accused persons, allegedly participated in a protest against the increase in land registration charges. It is alleged that during the said protest, the accused persons, without obtaining prior permission, blocked the public road, thereby disrupting traffic. Despite repeated persuasion by the police, the protest allegedly turned violent, during which the accused persons obstructed police personnel in the discharge of their official duties and caused injuries to several police officials. Consequently, Crime No. 609/2025 was registered at Police Station City Kotwali, Durg, initially for offences punishable under Sections 221, 126(2) and 191(2) of the Bharatiya Nyaya Sanhita, 2023, and during the course of investigation, further offences under Sections 121(1), 132, 61(2) and 125(a) were added. It is further the prosecution case that for the very same incident, an earlier preventive proceeding was initiated against other co-accused persons on the basis of a report submitted by the Station House Officer, Police Station City Kotwali, District Durg, bearing Istegasa No. 209/536/2025, wherein several allegations that subsequently formed part of the present FIR were not mentioned. A copy of the order dated 01.12.2025 passed by the learned Sub-Divisional Magistrate, Durg (City), District Durg, Chhattisgarh, along with the report of the Station House Officer, has been placed on record. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits the applicant peaceful protest was duly given to the learned Sub-Divisional Magistrate, District Magistrate, Superintendent of Police and the Station House Officer, Police Station City Kotwali, District Durg, and 3 therefore, the allegation that the protest was sudden, unlawful or without prior permission is factually incorrect and contrary to the official record, copies whereof are annexed as Annexure-A/4. It is further submitted that this Hon’ble Court has already granted anticipatory bail to a co-accused, namely Manoj Rajput, on identical allegations arising out of the same FIR vide order dated 07.01.2026 in MCRCA No. 2003 of 2025, and similarly situated co-accused persons have been granted regular bail by the learned First Additional Sessions Judge, Durg, vide order dated 08.12.2025. The applicant places reliance on the judgment of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, as well as the order passed by this Hon’ble Court in Smt. Parisha Trivedi and others v. State of Chhattisgarh, holding that the scope of anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 has been widened to safeguard persons from arbitrary arrest. It is submitted that the allegations against the applicant are unsubstantiated, the case is fabricated, custodial interrogation is not required, and arrest would cause undue harassment. The applicant undertakes to cooperate with the investigation and abide by all conditions imposed by this Hon’ble Court and, therefore, prays that anticipatory bail be granted. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, 4 and the material available on record, and in view of the fact that the similarly situated co-accused, namely Manoj Rajput, has already been granted anticipatory bail by this Hon’ble High Court in MCRCA No. 2003 of 2025 vide order dated 07.01.2026, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Geetesh Kumar, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, 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 vaibhav