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2026 DAILYLAW 35252 (CHH)

NUTAN SAHU v. STATE OF CHHATTISGARH

MCRCA/1491/2026 · 2026-09-10

Shri Parth Prateem Sahu

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Judgment text

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1 CGHC010348452026 2026:CGHC:39955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1491 of 2026 1. Nutan Sahu S/o Late Charan Lal Sahu Aged About 64 Years R/o Ward No.8, Azad Chowk, Motipur, Rajnandgaon Tehsil And District- Rajnandgaon (C.G.) ... Applicant versus 1. State of Chhattisgarh Through- Police Station Rajnandgaon Kotwali, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Ms. Unnati Sinha, Advocate For Non-applicant : Dr. Surendra Dewangan, Panel Lawyer Hon'ble Shri Justice Parth Prateem Sahu Order On Board 11/09/2026 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to applicant who is apprehending his arrest in connection with Crime No.452/2026 registered at Police Station Rajnandgaon Kotwali, District – Rajnandgaon (C.G.) under Sections 121 (1), 132, 221, 296, 324 (4), 351 (3), 3(5) of the Bharatiya Nyay Sanhita 2023 (BNS). SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. Case of prosecution, in brief, is that on 20.08.2026, during the course of proceedings undertaken by Nagar Palika Nigam, Rajnandgaon, for removal of the encroachment/obstruction from a passage situated over land bearing Khasra No.315, the applicant, along with the other accused persons, allegedly obstructed the government officials in the discharge of their official duties, abused and threatened them, and allegedly indulged in stone pelting. During the incident, the JCB driver was injured and the glass of the JCB machine was damaged. On the basis of aforesaid allegations, instant FIR came to be registered against the applicant and other accused persons. 3. Learned counsel for applicants would submit that applicant has been falsely implicated in this case and he has not committed any offence as alleged. Applicant was present when JCB machine came to remove the gate alleging that it is constructed on the road. Applicant has not actively participated in the agitation/obstructing the act of officers of Municipal Corporation. There are many accused persons apart from three named accused persons. She submits that co-accused namely Jimmi Lal Sahu has been enlarged on anticipatory bail by this Court vide order dated 09.09.2026 in MCRCA No.1470/2026 and case of the applicant is also on similar footings, hence, applicant may also be extended the benefit of anticipatory bail. 3 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that there is allegation against the applicant that he has also involved in stone pelting due to which driver of the JCB suffered injuries and JCB machine also got damaged. Upon putting specific query about the nature of injuries suffered by the driver of JCB, learned State counsel submits that as per MLC report, injuries suffered by driver of JCB is simple in nature. 5. Heard learned counsel for the parties. 6. On due consideration on the submission of learned counsel for respective parties, nature of allegation, material collected by the police and further considering the fact that other accused person has been enlarged on bail by this Court, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail. 7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of applicant in connection with aforementioned crime, he shall be released on bail his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant shall also abide by the following conditions :- 4 (i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-