1 2025:CGHC:56201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1804 of 2025 Pankaj Kumar Mahtha S/o Late Awadhesh Kumar Mahtha Aged About 41 Years Occupation - Business, R/o B-225, Krishna Vatika Colony, Boirdadar, Raigarh, Tahsil And District Raigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Chakradharnagar, District - Raigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Amit Vema, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 470/2025 registered at Police Station – Chakradharnagar, District - Raigarh, (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 333, 324 (4), 118(1), 190, 191(3), 305 (A), and 3(5) of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution’s case, in brief is that on 22.10.2025, the complainant, Manish Sawlani, lodged a report at Police Station Chakradhar Nagar alleging that on the same day, the father of the complainant informed the co-accused Pawan Jaiswal over mobile phone that his son, Shreyansh Jaiswal, was making calls from the mobile phone of some lady and thereby disturbing the complainant’s brother, namely Pankaj Sawlani. Upon receiving this information, the said Pawan Jaiswal became annoyed and started abusing the complainant’s father, Chandra Kumar Sawlani. Thereafter, Pawan Jaiswal along with his family members came to the complainant’s HM Footwear Shop, abused the complainant and his family members, threatened them, and assaulted them with hands, fists, and weapons, as a result of which the complainant, his father, and his brother sustained injuries. It is further alleged that the accused persons also took an amount of Rs. 18,300/- kept in the shop counter. On the basis of the said report, offences have been registered against the accused persons, including the present applicant. Hence, this anticipatory bail application has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that he has never assaulted the complainant or his family members with hands, fists, or any weapon. It is submitted that on the date of the incident, the complainant’s father had called co-accused Pawan Jaiswal to his shop regarding a dispute concerning the applicant’s son, due to which Pawan Jaiswal and his family members went to the complainant’s shop, where the complainant, his father, and his 3 brother were already prepared to assault them, and upon their entry, they attacked Pawan Jaiswal and his family members with an iron ring and a knife, causing stab injuries to the minor, Kisu @ Akash Jaiswal. He also submits that the complainant’s side were the aggressors and even misbehaved with Nikki Jaiswal and outraged her modesty. It is pointed out that on the complaint of Nikki Jaiswal, Crime No. 471/2025 has been registered against the complainant and his family members under Sections 115(2), 296, 3(5), 351(2), and 75(1) of the BNS, and a copy thereof is filed as Annexure P/3. It is also submitted that on similar allegations, the learned trial Court has already granted anticipatory bail to Nikki Jaiswal by order dated 25.10.2025. He further submits that the identically situated co-accused person, namely, Pawan Jaiswal has already been granted anticipatory bail by this Court vide order dated 07.11.2025 in MCRCA No. 1711/2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the submissions advanced on behalf of the applicant. It is submitted that the FIR clearly discloses that the co-accused Pawan Jaiswal, along with his family members including the present applicant, had gone to the complainant’s HM Footwear Shop, abused and threatened the complainant and his family members, and further assaulted them with hands, fists, and weapons, causing injuries. It is further submitted that the accused persons also took away Rs. 18,300/- from the shop counter, thereby attracting serious offences. He also 4 submits that the allegations are supported by the statements of the complainant and injured witnesses, and the role of the present applicant is clearly reflected in the incident. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, the fact that the learned trial Court has already granted anticipatory bail to Nikki Jaiswal by order dated 25.10.2025 and identically situated co-accused person, namely, Pawan Jaiswal has already been granted anticipatory bail by this Court vide order dated 07.11.2025 in MCRCA No. 1711/2025, there are no other criminal antecedents against him. Hence, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pankaj Kumar Mahtha, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will be 5 prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan