Order on Board

03.03.2025

1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 07.08.2024 in connection with Crime No. 379/2024, registered at Police Station, City Kotwali Balodabazar, District - Balodabazar (C.G.) for the offence punishable under Sections 147, 148, 149, 186, 332, 294, 506, 335, 436, 307, 427, 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 Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date:

2025.03.04 +0530 assault, vandalism and arson on 10.06.2024 on the pretext that on 15/16^th 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 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. This Court has directed the State to file an affidavit explaining how much loss to the public exchequer has been caused by the action of the accused persons and also to produce the video of procession to demonstrate how many persons assembled on the spot. In pursuance of direction issued by this Court, the State has filed affidavit wherein it has been specifically mentioned that the applicant and the co-accused persons are involved in criminal conspiracy and the applicants along with agitators damaged the loss of public at large which is estimated Rs. 10,21,00,000/- (Rs. Ten Crores Twenty One Lakhs).

4. Learned counsel for the applicant would submit that the applicant has been falsely implicated only because they are members of Satnami caste and the applicant has been arrested only on the ground of suspicion whereas the FIR was lodged against unknown offenders. Memorandum statement of applicant was recorded and seizure of stones and a stick have been shown in the challan against the present applicant. However, no seizure has been actually made from the present applicant and entire matter is cooked up. No documents or evidence h