Chattisgarh High Court
Prem Kurre vs State Of Chhattisgarh on 9 April, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
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2025:CGHC:16643
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 495 of 2025
Prem Kurre S/o Hazari Lal Kurre Aged About 20 Years R/o Village
Khamhardih, Bartori, Bilha, P.S. Bilha, District Bilaspur Chhattisgarh (District
Wrongly Mentioned In The Impugned Order)
... Petitioner(s)
versus
State of Chhattisgarh Through P.S. - City Kotwali Balodabazar, Dist. -
Balodabazar-Bhatapara Chattisgarh
... Respondent(s)
For Applicant : Mr. Anchal Kumar Matre, Advocate.
For State : Mr. Kishan Lal Sahu, Dy. Govt. Advocate.
Hon’ble Shri Justice Narendra Kumar Vyas
Order on Board
09/04/2025
1. This anticipatory bail application has 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. 381/2024, registered at Police Station- City Kotwali,
Balodabazar District- Balodabazar-Bhatapara (C.G.) for the offence
punishable under Sections 147, 148, 149, 294, 506, 323, 186, 353a,
332, 307, 435, 440, 427, 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 15/16 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
ARUN
KUMAR
DEWANGAN
Digitally signed by
ARUN KUMAR
DEWANGAN
Date: 2025.04.09
16:53:56 +0530
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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. 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 the applicant is student who is aged about 20 years and if
he is arrested, his future aspect may be ruin. He would further submit
that this Court has already granted regular bail to the 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
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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 petition.
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-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 application filed under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023, is liable to be and is hereby
dismissed.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun