Anticipatory bail granted considering applicant's profession, character, and lack of criminal history, emphasizing the need for fair investigation.

ORDER

1. This first application has been filed by applicant under Section 482 of The Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in connection with Crime No. 779 of 2025 registered at Police Station- Station Road Ratlam, District - Ratlam (M.P.) for offence punishable under Sections 336 (3), 336(4) of The Bharatiya Nyaya Sanhita, 2023. The applicant is apprehending his arrest in the matter.

2. Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. The applicant was performing his duty as a Reporter. The applicant had made certain complaints to the higher police officials against the SHO of P.S. GRP, Ratlam alleging certain illegal activities within the jurisdiction of the Police Station GRP prior to the incident in question. On 12.6.2025, he received information about the alleged illegal action by Head Constable Mahendra Tiwari of the Police Station GRP of chalan beyond jurisdiction of his police station. So he reached on the spot and recorded the video for reporting the incident. Learned counsel contends that there was no manipulation or forgery in the video to create false evidence. The applicant did not edit the video. He simply forwarded the video for reporting to concerned youtube channel. No offence, as alleged, is committed by the applicant. There was no intention to cause any wrongful loss or harm of reputation to concerned police official, rather it was done as part of profession. Learned counsel further contends that the offence punishable under Section 336 (3) and 336(4) of the BNS are punishable with imprisonment for less than 7 years. The concerned police station, instead of giving notice to the applicant in compliance with the directions of the Supreme Court in cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51, is trying to arrest and humiliate the applicant. No criminal antecedent is reported against the applicant. Learned counsel further submits that applicant enjoys good character and social standing. Jail incarceration on false accusation would cause hardship to the applicant and family. He is ready to cooperate in the investigation. Therefore, applicant may be extended the benefit of anticipatory bail.

3. Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. Learned counsel further refers to one criminal antecedent against the applicant, as mentioned in the case diary.

4. In reply, learned counsel for the applicant submits that in other matter relating to crime No. 130/2016, the applicant has been acquitted vide order dated 20.08.2025 passed in RCT No. 3412/2016.

5. According to the material on the case diary, Head Constable Mahendra Tiwari of the police station GRP Ratlam submitted a written complaint to SHO of P.S. Station Road Ratlam that he was working on duty at circulating area of the Railway Station Ratlam on 12.6.2025. He found Auto bearing registration No. MP-43-ZA-1329 standing in circulating area obstructing the traffic. The Auto driver fled away. He followed and stop the Auto at Shivaji Hotel. Imran s/o Shabbir was intercepted. He issued chalan under Section 177 of Motor Vehicles Act for stopping the Auto in "No Parking Zone" and imposed compounding fees of Rs. 500/-. Meanwhile, Rafiq Khan Reporter came there and recorded a video. Later, on 28.6.2025, his friend informed him that youtube channel Tej India is broadcasting a video sho