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2025:CGHC:59281
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1921 of 2025 Madhav Sidar S/o Naresh Sidar Aged About 40 Years R/o Village Basanpali, Post Jarekela, Police Station And Tahsil Tamnar, District Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Tamnar, District Raigarh (C.G.) ... Respondent For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 05.12.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory Bail, apprehending his arrest in connection with Crime No. 106/2025, registered at Police Station – Tamnar District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 294, 506, 323 & 326 of the Indian Penal Code (for short IPC).
2. As per prosecution story, on 30/03/2024 at about 9:00 AM, the complainant Shiv Kumar Chouhan’s mother, Kaushilya Chouhan, and father, Ahibaran Chouhan, were engaged in work near their house situated at the courtyard of Singhanpurhin and Kolmahin. At that time, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 12:13:38 +0530
2 / 4 the accused Madhav Sidar, who was in a drunken state, arrived at the spot. Kaushilya Chouhan demanded repayment of a loan amount from Madhav Sidar. In response, Madhav Sidar verbally abused her using filthy language. When Kaushilya Chouhan resisted and denied engaging with the abuse, Madhav Sidar, armed with a pickaxe (locally called gaity), attacked her. Madhav Sidar inflicted injuries on Kaushilya Chouhan’s head, causing her to bleed. When Kaushilya tried to escape, she sustained an injury on her finger. Madhav Sidar further attempted to strike her stomach with the pickaxe, which also caused bleeding. Following these assaults, Madhav Sidar abandoned the pickaxe and fled the scene. Upon receiving the report on 31/03/2024 at about 4:00 PM from the complainant Shiv Kumar Chouhan at Tamnar Police Station, Raigarh District, the police registered a case against Madhav Sidar under Sections 294 (Obscene acts and songs), 506 (Criminal intimidation), 323 (Voluntarily causing hurt), and 326 (Voluntarily causing grievous hurt by dangerous weapons or means) of the Indian Penal Code. The police investigation has been initiated accordingly. This prosecution story establishes the accused Madhav Sidar’s violent and threatening conduct, in a state of intoxication, against the victim Kaushilya Chouhan, causing grievous injuries and instilling fear through criminal intimidation and abusive language.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that applicant is an innocent person having no previous criminal antecedents and is the sole breadwinner of his family, and therefore, his arrest in the present case would cause severe hardship to his dependents. The applicant, being a villager, states that the alleged dispute arose merely due to a
3 / 4 brief verbal altercation, without any intention on his part to cause injury to Smt. Kaushilya Chouhan. He is a reputed member of society, and any detention in judicial custody would irreparably damage his social standing and future prospects. The applicant is a poor labourer and was unaware of the circumstances alleged in the FIR he has not participated in the alleged incident, yet the police have falsely implicated him on the basis of mere suspicion. The applicant asserts that no role whatsoever is attributable to him in the present offence, and no ingredients of the alleged sections are made out against him, therefore, he prays for grant of anticipatory bail to the present applicant. 4. Learned State Counsel opposes the bail application, submitting that the accused assaulted the victim with a sharp-edged spade, causing grievous injuries, and has been absconding since the incident. It is further submitted that the accused has not cooperated with the investigation, and his custodial presence is necessary. Considering the seriousness of the allegations, the applicant is not entitled to anticipatory bail. 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 and gravity of the offence, and the material available in the case diary, it appears that on 31.03.2024, the complainant, Shiv Kumar Chauhan, lodged a report at Police Station Tamnar alleging that on 30.03.2024, when his parents, Kaushalya Chauhan and Ahibharan Chauhan, were working in their garden, the accused, Madhav Sidar, arrived in an
4 / 4 intoxicated condition and, upon being asked to repay the loan amount, abused Kaushalya Chauhan and assaulted her with an iron spade, causing bleeding injuries on her head, stomach, and finger, which resulted in its amputation.
On the basis of the said report, offences under Sections 294, 506, and 323 of the IPC were registered and, considering the medical report and the bed-head ticket indicating grievous injuries, Section 326 IPC was subsequently added. The case diary further reveals that the accused intentionally caused the said injuries with a sharp-edged spade and has been absconding since the date of the incident. The prolonged abscondence of the accused, the seriousness of the allegations, and the requirement of his custodial interrogation establish a prima facie case against him and demonstrate deliberate non-cooperation with the process of law. In view of the aforesaid circumstances, this Court finds no ground to extend the benefit of bail to the applicant/accused, and accordingly, the bail application is rejected. 7. Accordingly, the anticipatory bail application of the applicant – Madhav Sidar, involved in Crime No. 106/2025, registered at Police Station – Tamnar District – Raigarh (C.G.) for the alleged commission of offence punishable under Sections 294, 506, 323 & 326 of the Indian Penal Code (for short IPC), is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav