1 2026:CGHC:22613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 736 of 2026 Rupesh Patel S/o Harishankar Patel Aged About 39 Years R/o- Village Kodkel, P.S., Tamnar, District- Raigarh (Chhattisgarh). ... Applicant versus State of Chhattisgarh Through Station House Officer P.S.- Tamnar, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Devershi Thakur and Mr. Ashutosh Biswas, Advocate. For Non-applicant/State : Mr. Saumya Rai, Deputy Government Advocate. 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.307/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 126(2), 296, 351(2), 115(2), 109(1), 191(2), 191(3), 190, 324(5), 326(a), 132, 121(1) and 309(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. As per the prosecution story, on 27.12.2025, a protest was being held by villagers against a public hearing concerning a coal mine. It is alleged that the protesters, including the applicant, blocked a public road, became PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 10:15:30 +0530 2 aggressive, used abusive language, and pelted stones at the police party, thereby causing injuries to the complainant, a police officer, and other police personnel. Specifically, in Crime No. 307/2025, it is alleged that the mob, led by the applicant and others, attacked and set on fire a Scorpio car bearing registration No. CG 04-QH 6655, resulting in the destruction of official instruments and personal property. The core of the controversy pertains to an environmental public hearing conducted on 08.12.2025, which, according to the local populace, was fraudulent and held in violation of mandatory procedural norms. Following the said hearing, residents of 14 affected villages initiated a sit-in protest seeking cancellation of the proposed mining project in order to protect their “Jal, Jungle, and Jameen.” On the date of the alleged incident, tensions were further aggravated by reports that a local villager had been crushed by a coal-laden vehicle, which allegedly triggered a spontaneous and leaderless confrontation between the police and the protesters. 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 outburst of public anger and he cannot be held vicariously liable for the acts of a large mob. 3 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, 303/2025, 304/2025, 305/2025 and 308/2025. Against Crime Nos. 303/2025, 304/2025 and 307/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.750/2026, 734/2026 4 and 736/2026, which are listed today at serial Nos. 64, 52 and 54, respectively. 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, Mohan Bhardwaj 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, 303/2025, 304/2025, 305/2025 and 308/2025, 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 Mohan Bhardwaj 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 5 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, 303/2025, 304/2025, 305/2025 and 308/2025 are stated to be registered against him, and against Crime Nos. 303/2025, 304/2025 and 308/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.750/2026, 734/2026 and 713/2026, which are listed today at serial Nos. 64, 52 and 51, respectively, 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.307/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 126(2), 296, 351(2), 115(2), 109(1), 191(2), 191(3), 190, 324(5), 326(a), 132, 121(1) and 309(6) of Bharatiya Nyaya Sanhita (for short ‘BNS’), is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti