Chattisgarh High Court
Karan Chaurasiya vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12122
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 270 of 2026
1 - Karan Chaurasiya S/o Arun Chaurasiya Aged About 22 Years R/o
Munund, Police Station- Janjgir, Tahsil- Janjgir, District- Janjgir-Champa
(C.G.)
2 - Kishan Chaurasiya S/o Arun Chaurasiya Aged About 25 Years R/o
VAIBHAV
SINGH
Digitally signed by
Munund, Police Station- Janjgir, Tahsil- Janjgir, District- Janjgir-Champa
VAIBHAV SINGH
(C.G.) ... Applicants
Date: 2026.03.16
11:40:04 +0530
versus
State Of Chhattisgarh Through The District Magistrate Janjgir, District Janjgir-
Champa (C.G.) ... Respondent
For Applicants : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.03.2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No.18/2026 registered at Police Station - District Magistrate Janjgir, District Janjgir- 2 Champa (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 119(1), 119(2), 126(2) & 3(5) of the BNS, 2023.
2. The prosecution story in brief is that, on dated 04.01.2026 Complainant lodged report against the applicants and stating that he coming from Village-Naila to his own village-Munund, meanwhile applicants stopped him on road at Village-Munund and demanded money to drunk liquor, when he denied the same then they assaulted him through the hockey stick, then F.I.R. has been lodged against the applicants under section 296, 351(2), 115(2), 119(1), 126(2), 3(5) of Bhartiya Nyaya Sanhita 2023 and during the course of filling off Charge sheet offence under section 119(2), of Bhartiya Nyaya Sanhita 2023 has been added.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the aforesaid case. It is further submitted that no case is made out against the applicants and therefore they are entitled to the benefit of anticipatory bail. It is submitted that the applicants have never been prosecuted or implicated in any criminal case prior to the present incident. In fact, on the date of the alleged incident, the mother and wife of the complainant assaulted the sister of the applicants at the village pond (Talab) at Village Munund, due to which a quarrel took place between the parties. Thereafter, the applicants went to Police Station Janjgir to lodge a report against the complainant; however, instead of registering their complaint, the police officials made the applicants accused on the complaint lodged by the complainant. Subsequently, on the next day, the father of the applicants lodged an FIR against the complainant and his family members under Sections 115(2), 191(2), 296 and 351(2) of 3 the Bharatiya Nyaya Sanhita, 2023, which is supported by photographs of the incident and the FIR lodged by the applicants' father, annexed as Annexure A/3. It is further submitted that after the incident the applicants were arrested by the prosecution authorities and were granted regular bail by the learned Trial Court on 06.01.2026; however, during the course of filing the charge-sheet, Section 119(2) of the Bharatiya Nyaya Sanhita, 2023 was added and thereafter their application under Section 482 of the B.N.S.S. seeking anticipatory bail was dismissed on 31.01.2026. It is also submitted that the complainant party themselves are the aggressors and no offence is made out against the applicants under the provisions of law. The applicants are permanent residents of Village Munund, Police Station Janjgir, Tahsil Janjgir, District Janjgir-Champa (C.G.), and there is no likelihood of their absconding. The applicants are ready to cooperate with the investigation and undertake to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting anticipatory bail.
4. On the other hand, learned State counsel opposes the anticipatory bail application.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature of the allegations and the material available on record, it appears that the complainant has alleged that while he was coming from Village Naila to Village Munund, the applicants stopped him on the road, demanded money to consume liquor and, upon his refusal, assaulted him with a 4 hockey stick, on the basis of which FIR has been registered under various provisions of the Bharatiya Nyaya Sanhita, and subsequently Section 119(2) has also been added during the filing of the charge- sheet. However, considering the overall facts and circumstances of the case and the fact that the applicants were earlier granted regular bail by the learned Trial Court and there is no likelihood of their absconding or tampering with the prosecution witnesses, this Court is inclined to grant the benefit of anticipatory bail.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Karan Chaurasiya & Kishan Chaurasiya, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-
(a) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) they shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) they shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
(d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.
(e) they shall not involve themselves in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav