1 2026:CGHC:22614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 734 of 2026 Rupesh Patel S/o Shri 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.304/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 296, 109(1), 191(2), 191(3), 190, 132, 121(1), 326(f) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 3 of Prevention of Damage to Public Property Act. 2. As per the prosecution story, on 27.12.2025, it is alleged that the villagers of 14 Gram Panchayats had been carrying out a protest for more than a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 10:15:29 +0530 2 month against the cutting of the entire forest, comprising more than 10 lakh trees, on the basis of alleged forged and fake consent of the Panchayats. The authorities were allegedly adamant about removing the villagers, who possess Bhoomiswami rights over these lands and the forest (“Bade Jhaad Ke Jungle”), which they have cherished for generations. The protest, involving thousands of villagers, including elderly persons, women, and children, was directed against the allotment/gifting of the fields, lands, and forests of these villages to private companies for coal mines and factories. On the date of the alleged incident, tensions were further heightened 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. It is further alleged that the administration, being adamant about suppressing the protest, resorted to a lathi charge on elderly persons, women, and children, which led to an unpleasant situation. Subsequently, five different FIRs came to be registered. 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, 305/2025, 307/2025 and 308/2025. Against Crime Nos. 303/2025, 307/2025 and 308/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.750/2026, 736/2026 4 and 713/2026, which are listed today at serial Nos. 64, 54 and 51 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, attempted to commit their murder and also damaged and set fire to a government police vehicle. It is alleged that the applicant/accused, along with the other co-accused persons, acting in furtherance of their common intention while protesting against the public hearing, set fire to the parked car of the complainant/injured Halka Patwari, Harishankar Chandra, with the intention of burning him alive. He further submits that the applicant has five criminal antecedents of identical nature, registered as case Crime Nos. 225/2025, 303/2025, 305/2025, 307/2025 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 the injured and other police personel, further the applicant/accused, along with the other co-accused persons, acting in furtherance of their common intention while protesting against the public 5 hearing, set fire to the parked car of the complainant/injured Halka Patwari, Harishankar Chandra, with the intention of burning him alive 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, 303/2025, 305/2025, 307/2025 and 308/2025 are stated to be registered against him, and against Crime Nos. 303/2025, 307/2025 and 308/2025, the applicant has preferred anticipatory bail application bearing MCRCA Nos.750/2026, 736/2026 and 713/2026, which are listed today at serial Nos. 64, 54 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.304/2025, registered at Police Station Tamnar District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 296, 109(1), 191(2), 191(3), 190, 132, 121(1), 326(f) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 3 of Prevention of Damage to Public Property Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti