Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:55366
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1769 of 2025 1 - Manish Sawlani S/o Chandra Kumar Sawlani Aged About 23 Years Occupation - Business, Business Address In Front Of Atmanand School, H.M. Footwear, Chakradharnagar, R/o Himalaya Heights, Bank Colony, Tahsil And District Raigarh (C.G.) 2 - Pankaj Sawlani S/o Chandra Kumar Sawlani Aged About 19 Years Occupation - Student, Business Address In Front Of Atmanand School, H.M. Footwear, Chakradharnagar, R/o Himalaya Heights, Bank Colony, Tahsil And District Raigarh (C.G.) 3 - Chandra Kumar Sawlani S/o Late Nayaran Das Aged About 52 Years Occupation - Business, Business Address In Front Of Atmanand School, H.M. Footwear, Chakradharnagar, R/o Himalaya Heights, Bank Colony, Tahsil And District Raigarh (C.G.)
... Applicants Versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Chakradharnagar, District - Raigarh (C.G.)
... Non-applicant For Applicants : Mr. Vipin Punjabi, Advocate For Non-applicant : Mr. Malay Jain, Panel Lawyer S.B.: Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 13/11/2025
1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicants, who are apprehending their arrest in connection with Crime No.
2 471/2025 registered at Police Station - Chakradharnagar, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351 (2), 115 (2), 75 (1), 118 (1) & 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The prosecution case is that on 22.10.2025 the complainant lodged a report alleging that a dispute arose between her son Shreyansh Jaiswal with Applicant No.2 Pankaj Sawlani and thereafter, the applicants came along with other co-accused person and started quarreling with them. At that time, both the parties settled the dispute with mutual understanding, but on the date of incident, the Applicant No.1 threatened her husband and asked them to come to their shop. When complainant and her husband reached their shop, then the applicants assaulted them with hands and fists. When complainant interfered, then Applicants No. 1 & 2 started beating the complainant and Applicant No.1 caught the complainant and also threatened her. On the basis of complaint lodged by the complainant, the concerned police registered the offence punishable under section 296,351(2)115(2) 75(1) 118(1) 3(5) of Bharatiya Nyay Sanhita 2023. 3. Learned counsel for the applicants would submit that the applicants are innocent and have falsely been implicated in the crime in question. He further submits that, due to the scuffle between the parties, the applicants have also sustained injuries over their person and they have also lodged a report against the complainant bearing Crime No. 470/2025. He submits that the present assault has been done initially by the complainant and they have caused grievous injuries to the applicants, the present FIR has been lodged as a counterblast only to harass the present applicants. He submits that there is no material against the applicants in the present case and the Applicant No. 2 is student who has been falsely implicated so as to harass the family of the applicant. He submits that the complainant’s husband has been granted the benefit of anticipatory bail by this Court in MCRCA No. 1711/2025 vide order dated 07.11.2025 and the complainant has also been
3 granted bail by the learned Trial Court. The injuries sustained by them are simple in nature.
Hence, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicants are main accused who, who had assaulted the victim and caused grievous injury over them. In support of her contention, she produced the medical report of the victim before this Court. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that the husband of the complainant namely Pawan Jaiswal preferred an anticipatory bail application bearing M.Cr.C.A. No. 1711 of 2025 before this Court, in which he had been granted the benefit of anticipatory bail vide
order dated 07.11.2025, investigation is going on and charge-sheet has not been filed as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Manish Sawlani, Pankaj Sawlani & Chandra Kumar Sawlani, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they 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 applicants and the surety shall submit a copy of their
4 adhaar card alongwith a colored 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/-/-d/- (Ramesh Sinha) Chief Justice Dey
SHUBHAM DEY Digitally signed by SHUBHAM DEY