Citation : 2026 Latest Caselaw 477 Chatt
Judgement Date : 13 March, 2026
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-
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
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
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
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