1 2026:CGHC:22612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 750 of 2026 • Rupesh Patel S/o Shri Harishankar Patel Aged About 39 Years R/o Village Kodkel, P.S. Tamnar, District Raigarh Chhattisgarh (Offence U/s Correctly Mention In Page No. 18) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer P.S. Tamnar, District Raigarh Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Devershi Thakur along with Mr. Ashutosh Biswas, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/05/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.303/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 126(2), 296, 351(2), 109(1), 191(2), 191(3), 190,132, 121(1), of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. As per the case of the prosecution, the villagers of 14 coal mining affected villages had been protesting and allegedly blocking the road VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:07 +0530 2 at CHP Chowk, Libra in opposition to a public hearing scheduled on 08.12.2025. Despite repeated directions by the administration and police authorities to remove the blockade and maintain peace, on 27.12.2025 a large mob of about 300–400 persons allegedly continued the unlawful blockade and obstructed movement of public vehicles. It is alleged that when police and administrative officers reached the spot to restore law and order, the protesters, including the present applicant along with other co-accused persons, became aggressive, surrounded the police force, abused them in filthy language and attacked them with sticks, stones and other weapons with an intention to kill. The prosecution further alleges that the applicant and co-accused persons assaulted Inspector, Kamla Pusam Thakur, woman Head Constable, Pramila Mahant, Sub-Inspector, Deepika Nirmalkar and other police personnel by dragging and beating them, causing injuries to them, and also damaged and set fire to a government police vehicle. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to political rivalry and in order to suppress his voice as a public representative supporting a peaceful public movement. It is contended that the applicant is the MLA representative of Lailunga Assembly Constituency and President of Tamnar Congress, and the FIR has been lodged with mala fide intention to settle political scores. It is further submitted that the allegations made in the FIR are omnibus and general in nature and no specific overt act causing injury to any particular person has been attributed to the applicant. According to the applicant, the alleged incident was a spontaneous 3 outburst of public anger and he cannot be held vicariously liable for the acts of a large mob. 4. He further submits that the applicant has a clear and conclusive alibi, as at the time of the alleged incident on 27.12.2025, he was present at his petrol pump office situated near Hungaradipa Chowk, Tamnar, which is approximately 8 kilometers away from the place of occurrence. In support of the said plea, the applicant has relied upon CCTV footage and a forensic report prepared by Dr. Sunanda Dhenge under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, wherein it has allegedly been confirmed through technical analysis, hash verification and uninterrupted temporal continuity that the applicant remained present at his office from 12:03 PM to 03:26 PM, thereby covering the entire period of the alleged incident. It is contended that in view of the road blockade and mob situation described in the FIR, it was physically impossible for the applicant to reach the place of occurrence and participate in the alleged assault. 5. He also submits that invocation of Section 109(1) of the Bharatiya Nyaya Sanhita relating to attempt to murder is legally unsustainable, as the injuries sustained by the police personnel are simple in nature and do not disclose any intention to commit murder. The applicant submits that majority of the offences alleged against him are bailable in nature and the seriousness of the case has been artificially aggravated by inclusion of the offence under Section 109(1) BNS. Hence he prays to enlarge the applicant on anticipatory bail. So far as the criminal antecedents of the applicant are concerned, there were five FIRs registered and the applicant is named in all the five FIRs registered as case Crime Nos. 225/2025, 308/2025, 304/2025, 305/2025 and 307/2025. Against Crime Nos. 308/2025, 304/2025 4 and 307/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.713/2026, 734/2026 and 736/2026, which are listed today. 6. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the allegation against the applicant is that he along with other co-accused persons, participated in an unlawful assembly during the protest at CHP Chowk, Libra and, in furtherance of common intention, obstructed public movement, abused and assaulted police personnel, Inspector, Kamla Pusam Thakur, woman Head Constable, Pramila Mahant, Sub- Inspector, Deepika Nirmalkar with sticks, stones and other weapons, caused injuries to them, attempted to commit their murder and also damaged and set fire to a government police vehicle. He further submits that the applicant has five criminal antecedents of identical nature, registered as case Crime Nos. 225/2025, 308/2025, 304/2025, 305/2025 and 307/2025, as such the applicant is a habitual offender and his anticipatory bail application deserves to be rejected. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the nature of allegation made against the present applicant that he, along with a large unlawful assembly of about 300–400 persons, participated in blocking the public road at CHP Chowk, Libra, obstructed movement of public vehicles and, upon intervention by the police and administrative authorities, allegedly indulged in violent acts by assaulting police personnel with sticks, stones and other weapons, causing injuries to Inspector 5 Kamla Pusam Thakur, woman Head Constable Pramila Mahant, Sub- Inspector Deepika Nirmalkar and other police personnel, coupled with the allegation of damaging and setting fire to a government police vehicle, this Court is of the considered view that the allegations levelled against the applicant are grave and serious in nature. The material available on record prima facie reflects active participation of the applicant in the alleged incident involving attack on public servants while discharging their official duties and disturbance of public order. Further taking into consideration the criminal antecedents of the applicant, as pointed out by learned State counsel, wherein five criminal cases of similar nature bearing Crime Nos. 225/2025, 308/2025, 304/2025, 305/2025 and 307/2025 are stated to be registered against him, and against Crime Nos. 308/2025, 304/2025 and 307/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.713/2026, 734/2026 and 736/2026, which are listed today, and the same are also rejected today itself by this Court, in view of the aforesaid, this Court is of the view that it is not a fit case to grant anticipatory bail to the applicant. 9. Accordingly, the anticipatory bail application of the applicant - Rupesh Patel, involved in Crime No.303/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 126(2), 296, 351(2), 109(1), 191(2), 191(3), 190,132, 121(1), of Bharatiya Nyaya Sanhita (for short ‘BNS’), is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaishali