1 CGHC010290052026 2026:CGHC:34237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1269 of 2026 Devendra Miri Mairisha S/o Dhanesh Mairisha Aged About 27 Years R/o Siltara, Police Station - Dharsiwa, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Pandri, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Jitendra Banjara, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05.08.2026 1. The Applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.68/2025, registered at SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.06 15:14:14 +0530 2 Police Station – Pandri, District Raipur (C.G.) for alleged commission of offence punishable under Sections 126, 189(2), 190 and 353 of BNS. 2. Case of the prosecution, in brief, is that on 01.04.2025, between 2:00 p.m. and 7:00 p.m., the present Applicant and Omprakash Banjare, along with other associates under the banner of Bhim Army Bharat Ekta Mission, Chhattisgarh, allegedly assembled near Satnam Bhawan, Mowa, claiming that human rights had been violated and proceeded to stage a protest outside Police Station Pandri Police Station Pandri without obtaining prior permission from the District Administration. It is alleged that the Applicant and other protesters unlawfully assembled on the main road in front of A.B. Fuels on the Vidhan Sabha Road, obstructed the public road, disrupted vehicular movement and caused inconvenience to the general public. It is further alleged that despite being advised by the police to disperse and clear the road, the Applicant and the other protesters refused to comply, became agitated, continued the unlawful assembly and delivered provocative speeches, thereby disturbing public peace and tranquility. On the basis of the said complaint, offences mentioned above, were registered against the Applicant. Hence, this application. 3 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that Police Constable Manish Sahu, posted at Police Station Pandri, had allegedly assaulted one Gopal Das Dahariya on 12.03.2025 without any FIR or complaint being registered against him and in protest against the said incident, the Applicant along with other villagers had approached Police Station Pandri to lodge a complaint against the concerned police constable. It is submitted that pursuant to the said protest, the competent authority placed the concerned police constable under suspension vide order dated 01.04.2025 and therefore, contended that the present prosecution is a consequence of the said protest and that the Applicant has been falsely implicated. It is lastly submitted that the trial is likely to take considerable time for its conclusion, therefore, the Applicant may be granted anticipatory bail. 4. On the other hand, learned State Counsel opposes the application and submits that the present Applicant actively participated in the unlawful assembly held outside Police Station Pandri, resulting in obstruction of the public road and disturbance of public order. It is further submitted that the Applicant has two previous criminal antecedents of a similar 4 nature and in another case, being MCRCA No.1251/2026, arising out of an unlawful assembly held outside the Court premises, the Applicant's anticipatory bail application was rejected by this Court vide order dated 04.08.2026 and as such, considering the conduct and criminal antecedents of the Applicant, he is not entitled to the discretionary relief of anticipatory bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature and gravity of the allegations, the specific allegation that the present Applicant actively participated in an unlawful assembly which obstructed the public road and disturbed public order, the fact that the Applicant has two previous criminal antecedents of a similar nature and further taking into consideration that the Applicant's anticipatory bail application in another similar case, being MCRCA No.1251/2026, was rejected by this Court vide order dated 04.08.2026, investigation is going and without further commenting anything on the merits of the case, this Court is not inclined to 5 extend the discretionary relief of anticipatory bail to the present Applicant 7. Accordingly, the Anticipatory Bail application of the Applicant – Devendra Miri Mairisha, filed under Section 482 of the BNSS, 2023 in connection with Crime No.68/2025, registered at Police Station – Pandri, District Raipur (C.G.) for alleged commission of offence punishable under Sections 126, 189(2), 190 and 353 of BNS, is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya