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2026 DAILYLAW 33320 (CHH)

VIJAYRAJ SINGH v. STATE OF CHHATTISGARH

MCRCA/1387/2026 · 2026-08-24

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Judgment text

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1 CGHC010325112026 2026:CGHC:38157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1387 of 2026 Vijayraj Singh S/o Late Madhoraj Singh Aged About 45 Years Caste - Kshatriya R/o Civil Line, Radhika Nagar, Ward No. 24, Dongargarh, Distt. Rajnandgaon (C.G.), Aadhar No. 5337-8450-4576 ... Applicant versus State of Chhattisgarh Through Station House O5cer (SHO) P.S.- Bortalav, Distt.- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Devershi Thakur, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.08.2026 1. This <rst anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been <led by the applicant, who is apprehending his arrest in connection with Crime No. 53/2026 registered at Police Station – Bortalav, District – Rajnandgaon (C.G.) for the o@ences punishable under Sections 132, 221, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 03.08.2026, at about 12:30 PM, during a vehicle-checking operation on Bortalav Road by the Patekohra Transport Check-Post, District Rajnandgaon, Head Constable Kamlesh Kumar ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 16:32:01 +0530 2 Sahu alleged that the applicant and others obstructed the checking proceedings, used abusive language, and threatened to block the tra5c with an intention to extort money. It is further alleged that the accompanying persons assaulted the complainant while he was putting on his government-issued footwear inside the o5cial vehicle, thereby causing a delay of about 2–3 hours and resulting in the alleged loss of government revenue. An FIR bearing Crime No. 53/2026 was registered at Police Station Bortalav under Sections 132, 221, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to political rivalry and personal vendetta. It is submitted that the alleged Barrier at Village Barnarakala is an illegal and unauthorized collection point, and therefore, the applicant could not have obstructed any lawful government work. The applicant, along with the villagers, had visited the spot upon receiving complaints regarding alleged illegal extortion in the name of vehicle checking and had also lodged a written complaint at Police Station Bortalav on 03.08.2026. It is further submitted that the applicant had sought information regarding the said Barrier under the RTI Act, which allegedly revealed that it had neither been sanctioned nor o5cially operated. The applicant submits that the present FIR was registered only to pressurize him and the villagers into withdrawing their complaints and to suppress the issue. The prosecution case is primarily based on video recordings and statements of police witnesses, which are already in the custody of the Investigating O5cer and cannot be tampered with by the applicant. It is also submitted that the applicant has no criminal antecedents except the present case. Hence, he prays for grant of anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the aforesaid submissions, the nature of allegations, the fact that the applicant has no criminal antecedents, the prosecution case is primarily based on documentary evidence and video recordings already in the custody of the Investigating O5cer, and the applicant has lodged a complaint regarding the alleged unauthorized Barrier, this Court, without further expressing any opinion on the merits of the case, is inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vijayraj Singh, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting O5cer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be veri<ed by the trial Court. (e) he shall not involve himself in any o@ence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek