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2026 DAILYLAW 22889 (CHH)

PREETI CHAMAN SAMUNDRE v. STATE OF CHHATTISGARH

MCRCA/924/2026 · 2026-06-21

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Judgment text

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1 2026:CGHC:25487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 924 of 2026 Preeti Chaman Samundre W/o Chaman Samundre Aged About 40 Years Caste Mehtar, Elected As Municipal Councillor R/o Indira Nagar, Ward No. 05, Dongargarh District- Rajnandgaon (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dongargarh District- Rajnandgaon (C.G.) ...Non-applicant For Applicant : Mr. Keshav Dewangan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 265/2026, registered at Police Station : Dongargarh District- Rajnandgaon (C.G.) for the offence punishable under Sections 127(2), 221, 324(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 15:59:07 +0530 2 2. Case of the prosecution, in brief, is that on 13.05.2026 at about 9:14 PM, the complainant Mahendra Karse appeared at Police Station Dongargarh and submitted a written complaint stating that he is working as an Assistant Revenue Inspector in the Municipal Council, Dongargarh. On 13.05.2026, a Sushasan Tihar 2026 camp was being organized at Ambedkar Sanskritik Bhawan, Indiranagar, Dongargarh, for the residents of Wards No. 04, 05 and 06 pursuant to the directions of the District Collector. During the event, regarding the issue of distribution of land lease deeds (pattas), the applicant Preeti Chaman Samundre, Councillor of Ward No. 05, along with her supporters, allegedly acted in furtherance of their common intention, opposed the proceedings and obstructed the discharge of official duties. It is alleged that they wrongfully confined the employees and officers engaged in the Sushasan Tihar programme inside the cultural hall by locking it from the outside, disconnected the electricity connection provided to the hall and raised slogans opposing the Sushasan Tihar programme. On the basis of the said written complaint, Crime No. 265/2026 was registered at Police Station Dongargarh under Sections 127(2), 221, 324(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on the basis of a false and fabricated report. It is contended that the present crime has its genesis in a public protest held during the Sushasan Tihar programme on 13.05.2026, wherein local residents were demanding grant of pattas that had been pending for several years. Since the applicant, an elected Municipal Councilor, was leading the protest, she has been falsely roped into the present case. Learned 3 counsel further submits that the applicant is a respectable public representative with an unblemished record and no criminal antecedents. It is further submitted that all the offences alleged against the applicant are bailable in nature and carry comparatively minor punishments, and are triable by a Magistrate. The allegations primarily arise out of a public agitation concerning public grievances and do not involve any serious violence, recovery of incriminating articles, or circumstances necessitating custodial interrogation. The entire prosecution case is based upon documentary evidence, official records, and witness statements already in the possession of the investigating agency, and no recovery remains to be effected from the applicant. Learned counsel submits that the applicant is a woman aged about 40 years, a permanent resident of District Rajnandgaon, possesses movable and immovable properties, has deep roots in society, and there is no likelihood of her absconding, tampering with evidence, or influencing witnesses. It is further submitted that arrest of the applicant would serve no useful purpose and would cause irreparable harm to her reputation, public life, and personal liberty. The applicant undertakes to cooperate with the investigation and trial and to abide by all terms and conditions that may be imposed by this Hon'ble Court. Accordingly, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposed the anticipatory bail application and submitted that the applicant, along with her supporters, obstructed public servants in the discharge of their official duties during the Sushasan Tihar programme and wrongfully confined government officials inside the hall. It is further submitted that the 4 statements of the complainant and other witnesses prima facie support the prosecution case. Learned State Counsel also submits that the investigation is still in progress and the charge-sheet has not yet been filed. Therefore, no case for grant of anticipatory bail is made out. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, this Court finds that the offences registered against the applicant are bailable in nature. It is not in dispute that the learned trial Court had earlier rejected the applicant's bail application on merits. However, since the offences alleged against the applicant are bailable in nature, the applicant is entitled to seek release on bail in accordance with law. Accordingly, the applicant is at liberty to approach the concerned Police Station/competent authority for grant of bail upon furnishing the requisite personal bond and surety bond, as prescribed under law, if so desire. 7. Accordingly, the present bail application stands disposed of. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav