Nafr High Court
Case Details
1 2025:CGHC:48315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1429 of 2025 1. Ashwani Kumar Trivendra S/o Bhadu Ram Trivendra, Aged About 46 Years R/o D00534, H01, Surya Niwas Shankar Nagar Road, Infront Of Shri Ram Printing Press, Kalimata Ward 11, Raipur, Chhattisgarh. --- Applicant versus 1. State Of Chhattisgarh Through The Station House Officer, P.S. Baloda, District - Balodabazar-Bhatapara, Chhattisgarh --- Respondent MCRCA No. 1356 of 2025
Legal Reasoning
1. Ashwani Kumar Trivendra S/o Bhadu Ram Trivendra, Aged About 46 Years R/o D00534, H01, Surya Niwas Shankar Nagar Road, Infront Of Shri Ram Printing Press, Kalimata Ward 11, Raipur, Chhattisgarh --- Applicant Versus 1. State Of Chhattisgarh Through The Station House Officer, P.S. City Kotwali, District - Balodabazar- Bhatapara, Chhattisgarh --- Respondent MCRCA No. 1354 of 2025 1. Ashwani Kumar Trivendra S/o Bhadu Ram Trivendra, Aged About 46 Years R/o D00534, H01, Surya Niwas Shankar Nagar Road, Infront Of Shri Ram Printing Press, Kalimata Ward 11, Raipur, Chhattisgarh. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.09.22 11:26:46 +0530 2 Versus --- Applicant 1. State Of Chhattisgarh Through The Station House Officer, P.S. City Kotwali, District - Balodabazar- Bhatapara, Chhattisgarh --- Respondent MCRCA No. 1403 of 2025 1. Ashwani Kumar Trivendra S/o Bhadu Ram Trivendra, Aged About 46 Years R/o D00534, H01, Surya Niwas Shankar Nagar Road, Infront Of Shri Ram Priting Press, Kalimata Ward 11, Raipur (C.G.) --- Applicant Versus 1. State Of Chhattisgarh Through The Station House Officer, P.S. City Kotwali, District Balodabazar Bhatapara (C.G.) --- Respondent For Applicant : Mr. Harshwardhan Parganiha, Advocate For State : Mr. Suyash Dhar Badgaiyan, Dy. Govt. Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 19.09.2025 1. These anticipatory bail applications have been filed by the applicant under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 380/2024, registered at Police Station - City Kotwali, Balodabazar District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 332, 353, 186, 307, 427, 435, 120B IPC & Sections 03 & 04 of the Prevention of Damage to Public Property Act, 1984, Crim No. 378/2024, registered at Police Station - City Kotwali, 3 Balodabazar District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 147, 148, 149, 186, 353, 332, 307, 435, 120-B IPC & Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984, Crime No. 377/2024, registered at Police Station - City Kotwali, Balodabazar District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 147, 148, 149, 186, 332, 353, 307, 120B IPC & Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984, Crime No. 380/2024, registered at Police Station - City Kotwali, Balodabazar District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506, 186, 332, 353, 307, 435, 120B IPC & Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984. 2. The prosecution story, in brief, is that the complainant- Deputy Superintendent of Police has lodged a complaint on 13.06.2024 before Police Station- City Kotwali, Baloda-Bazar alleging that some persons belonging to Satnami Samaj have committed incident of assault, vandalism and arson on 10.06.2024 on the pretext that on 15/16th May, 2024 at Village- Mahakoni, Police Station- Amargupha, Giroudpuri, a monument of Satnami Samaj was damaged and loss to the public properties, therefore, Crime No. 105/2024 for commission of offence under Section 295, 34 of IPC was registered on 17.05.2024. The police after investigation have submitted charge-sheet against one Sultu Kumar Yadav & two others before the learned Judicial Magistrate First Class, Kasdol, District- Baloda-Bazar. Thereafter the President of Satnami Samaj 4 Chhattisgarh and other office bearers including office bearers of political parties have submitted an application on 30.05.2024 wherein permission was sought to conduct the conference of the community, to conduct CBI enquiry was demanded. It was also decided that by conducting congregate between 3-4 p.m. a memo has to be handed over to the Collector- Balodabazar, wherein 10 persons were authorized to meet the Collector which was allowed with certain conditions. Thereafter, a meeting was also organized in the office of Joint Collector, Balodabazar on 07.06.2024 wherein it was also agreed by the Satanami Samaj that they will conduct the congregate in a peaceful manner without disturbing the peace and tranquility of the area. Accordingly, the permission was granted on the conditions of maintaining peace and tranquility. Thereafter, the congregate was started on 10.06.2024 at 11 a.m. where the administration deployed police persons to maintain the law and order. All of a sudden, at about 2.30 – 6.00 p.m. the congregate started stone pelting at office of Superintendent of Police, District Panchayat, Tahsil office and caused damage to the property and official records were also damaged. Accordingly, FIR was registered. In the incident, 134 motorcycles, 29 four wheeler vehicles and 1 fire brigade, 17 government vehicles, 12 government four wheeler vehicles were damaged causing loss of total Rs. 2.82 crores. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He would further submit that this Court has already granted regular bail to the 5 other co-accused persons. He would further submit that the applicant is not involved in any other crime and he is ready and willing to cooperate with the investigation and would pray for grant of anticipatory bail to the applicant. 4. On the other hand learned State counsel vehemently objected the submission made by learned counsel for the applicant and would submit that the applicant with other co-accused persons are involved in the crime in question and there is sufficient material against the applicant and other co-accused persons in the case diary. He would further submit that in the present case, there is estimated loss to Rs.10,21,00,000/- (Rs. Ten Crores Twenty One Lakhs) to the public property and accused persons have acted in furtherance of the criminal conspiracy and have committed the offence of rioting, used criminal force, assaulted public servants to prohibit them from discharging their duties, by obstructing the public way they have caused wrongful confinement, caused damages to the property, set fire buildings and vehicles, and attacked the Police Officers. He would further submit that this Court has granted regular bail to other accused persons after their 7-8 months incarceration period and would pray for rejection of anticipatory bail applications. 5. I have learned counsel for the parties and perused the diary with utmost satisfaction. 6. Considering the nature and gravity of the offence which resulted in destroying the peace & rule of law of the entire State causing Rs.10,21,00,000/- loss to the public property and also considering the fact that this Court has granted regular bail to the other co- 6 accused persons after their 7-8 months incarceration period, I am of the considered opinion that it is not a fit case for grant of anticipatory bail to the applicant. 7. Accordingly, the instant bail applications filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are liable to be and are hereby dismissed. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish