2025:CGHC:11296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1878 of 2025

1 - Samir Kumar S/o Ruplal Markandey Aged About 34 Years R/o Dongridih, Ps- Lawan, Distt.- Balodabazar-Bhatapara (C.G.) (Correctly Name Mention)

... Applicant versus

1 - State Of Chhattisgarh Through P.S. - City Kotwali Balodabazar, District-

Balodabazar-Bhathapara, (C.G.)

... Respondent For Applicant : Mr. Purnchand, Advocate For State : Mr. Sanjeev Pandey, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

07.03.2025

1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested on 11.06.2024 in connection with Crime No. 381/2024 registered at Police Station, City Kotwali Balodabazar, District - Balodabazar (C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506, 186, 332, 353, 307, 435, 120B of the Indian Penal Code and Section 3, 4 of 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 BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.03.07 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 15/16^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 is involved in criminal conspiracy and the applicant 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