1 2025:CGHC:61848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1969 of 2025 Suraj Jha S/o Late Vivekanand Jha Aged About 35 Years R/o Police Line Bhatgaon Station- Bhatgaon, District : Surajpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Bhatgaon, District : Surajpur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Rakesh Kumar Jha, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 19.12.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 133/2025, registered at Police Station – Bhatgaon, District : Surajpur (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296, 324(4), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The brief facts of the case are that on 21.08.2025, the first FIR was registered at Police Station Bhatgaon in Crime No. 133/2025 under PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.19 17:17:05 +0530 2 Sections 109, 115(2), 296, 351(3), 324(4), and 3(5) of the Bharatiya Nyay Sanhita, 2023, against the applicant and other co-accused persons. The FIR was lodged on the complaint of Yash Kumar, alleging that on the intervening night of 20/21.08.2025 at about 23:30 hours, the applicant, along with his brother Kundan Jha and his friend Aniket Gupta @ Lucky, assaulted Shravan Jaiswal and others outside the police station, causing a grievous head injury to Shravan Jaiswal by means of a knife. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He further vehemently contended that there is a cross-report of the incident and that both sides sustained injuries. He further submits that the applicant is the real brother of co-accused, Kundhan Jha, who was an eye-witness to the incident involving the crushing to death of SECL employees, for which Crime No. 56/2024 was registered at Police Station Bhatagaon on 22.03.2024. The applicant’s brother has been enlarged on bail by this Court vide order dated 11.11.2025 passed in MCRCA No. 9017/2025. He further submits that the injuries sustained by the complainant party are simple in nature and, therefore, the applicant may also be enlarged on bail. It is further submitted that the applicant has three previous criminal antecedents, out of which he has been acquitted in two cases.He submitted that the complainants in the present case, namely Adarsh Kumar Singh and Piyush, who are accused in FIR No. 134/2025 registered at Police Station Bhalgaon, have been granted regular bail on 08.09.2025 in Regular Bail Application No. 542/2025. Similarly, Yash Kumar Singh, Aditya Kumar Singh, and Chandan Jaiswal have been granted anticipatory bail on 17.09.2025 in Anticipatory Bail Application 3 No. 579/2025 by the learned Trial Court. Hence, he prays for the grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposed the prayer for anticipatory bail and submitted that the assault was committed by the applicant using a sharp weapon, resulting in injuries to the injured, Prince Shrivastava, including the orbital region and various other parts of his body. Other persons also sustained injuries. The learned counsel further submitted that the anticipatory bail application of a co-accused, namely Aniket, was rejected by this Court vide order dated 12.09.2025 in MCRCA No. 1396/2025. She further stated that another co-accused, who was granted bail by this Court was regular bail passed in MCRC No. 9017/2025 vide order dated 11.11.2025. Therefore, it was submitted that the present anticipatory bail application of the applicant is liable to be rejected. That, but considering the fact the there is a cross- report of the incident, both sides are receieved injuries. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the allegations levelled against the applicant, and the fact that there is a cross-report of the incident and that both sides sustained injuries, further the assault was committed by the applicant using a sharp weapon, resulting in injuries to the injured, Prince Shrivastava, including the orbital region and various other parts of his body, other persons also sustained injuries, but considering the fact that the anticipatory bail application of a co-accused, namely Aniket, has been rejected by this Court vide order dated 12.09.2025 passed in MCRCA No. 1396/2025 and one of the 4 co-accused who has been granted bail by this Court was regular bail passed in MCRC No. 9017/2025 vide order dated 11.11.2025, this Court is of the view that the applicant is not entitled to be granted anticipatory bail in this case. 7. Accordingly, the Anticipatory Bail application of the applicant – Suraj Jha, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 133/2025, registered at Police Station – Bhatgaon, District : Surajpur (C.G.) for alleged commission of offence punishable under Sections 109, 115(2), 296, 324(4), 351(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti