MCRCA/1470/2026 of JIMMI LAL SAHU Vs STATE OF CHHATTISGARH on 8 September 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 the 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 BNS. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN

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 the aforesaid allegations, the present 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. He next submits that 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 two other co-accused persons have been enlarged on anticipatory bail by the learned Sessions Court and case of the applicant is also on similar footings, hence, applicant may also be extended the benefit of anticipatory bail.

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. I have heard learned counsel for parties and perused the documents placed on record.

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 two accused person have been enlarged on bail by the Sessions 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 the applicant in connection with the aforesaid offence, 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 :

(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 the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram