DEVENDRA YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) This is first bail application filed under Sec. 483 of the Bhartiya Nayay Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 17/8/2024 in connection with Crime No. 386/2024 registered at Police Station- City Kotwali Balodabazar, District- Balodabazar (C.G.) for the offence punishable under Ss. 153-A, 505(1)(B), 505(1)(b), 505(1)(c), 109, 120(B), 147, 148, 149, 186, 356, 332, 333, 307, 435, 436, 341, 427 of IPC and Ss. 3, 4 of Prevention of Damage to Public Property Act, 1984 (for short "the PDPPA, Act ").

(2.) The prosecution story, in brief, is that the present complainant- Deputy Superintendent of Police has lodged a complaint on 13/6/2024 before Police Station- City Kotwali, Baloda-Bazar alleging that some persons belonging to Satnami Samaj have committed incident of assault, vandalism and arson on 10/6/2024 on the pretext that on 15/16/5/2024 at Village- Mahakoni, Police Station- Amargupha, Giroudpuri, a monument of Satnami Samaj was damaged and loss to the said property was done, therefore, Crime No. 105/2024 for commission of offence under Sec. 295, 34 of IPC was registered on 17/5/2024. The police after investigation has submitted charge-sheet against 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 30/5/2024 wherein permission to conduct the conference of the community was sought, 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 7/6/2024 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 10/6/2024 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 damages to the property and also 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.) The applicant who is Member of Legislative Assembly, Bhilai was also present there though he does not belong to Satnami community and the prosecution has collected the material regarding the conspiracy and providing financial assistance to the mob for doing such illegal activity. It is also case of the prosecution that when the organizer requested the accused to provide assistance, he has suggested to do the act which may disturb the administration and for that if financial assistance is required, he will provide the same. It is also case of the prosecution that the applicant's presence on the place of occurrence can be ascertained from the press conference given by the applicant itself. Accordingly, the FIR was registered against the applicant for commission of the aforesaid offences.