GYANESHWAR MISHRA @ VICKY MISHRA v. STATE OF CHHATTISGARH
MCRCA/481/2026 · 2026-03-31
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[ 2026 DAILYLAW 4172 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4172 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:15151
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 481 of 2026 Gyaneshwar Mishra @ Vicky Mishra (Wrongly Mentioned As Gyaneshwar Mishra @ Vicky in Covering Memo Of Impugned Order) S/o Dinesh Mishra, Aged About 46 Years R/o House No. 90, Ward No. 08, Kolihapuri, (Wrongly Mentioned As Kolihapur In Covering Memo Of Impugned Order), District -Durg, C.G.
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Pulgaon, District- Durg, C.G.
... Respondent For Applicant : Ms. Aditi Singhvi, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 01/04/2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.02 11:14:37 +0530
2 Crime No.253/2026 registered at Police Station – Pulgaon, District Durg (C.G.) for the offences punishable under Sections 121, 132, 221, 296, 351(3) Bharatiya Nyaya Sanhita, 2023 (wrongly mentioned as BNSS in cause title and some parts of impugned
order).
2. Case of the prosecution, in brief, is that the FIR was registered by Inspector P.D. Chandra, Incharge, traffic police Durg Zone stating that on 11.03.2026 he along with his staff was conducting the search and checking of vehicles at Pulgaon Chowk between 7PM to 10 PM when he apprehended one Tulsiram who was driving under the influence of alcohol when at around 9:15 PM the present applicant while obstructing the public servants on duty objected that the complainant and his team are taking coercive actions without any basis and started abusing the police and also pushed Constable Vichaar Das. The complaint was filed on 12.03.2026 on the basis of which the present FIR has been lodged.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant, being a public representative, was merely objecting to the illegal and coercive actions of the traffic police, due to which the present FIR has been lodged. She would further submit that the applicant neither abused nor assaulted any police personnel, nor obstructed them in discharge
3 of their official duties. The essential ingredients of the alleged offences are not made out, and no injury has been caused to any police officer. It is also pointed out that there is an unexplained delay of one day in lodging the FIR, despite the complainant being a police officer. It is further submitted that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, she submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the injury caused is simple in nature and the applicant has no criminal antecedents.
5. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant, further the fact that the injury caused is simple in nature, the applicant has no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant.
6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gyaneshwar Mishra @
4 Vicky Mishra, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice gouri