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2026 DAILYLAW 1068 (CHH)

VINOD KUMAR v. STATE OF CHHATTISGARH

MCRCA/191/2026 · 2026-02-04

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Judgment text

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1 2026:CGHC:6632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 191 of 2026 • Vinod Kumar S/o Dilip Kumar Sahil Aged About 27 Years R/o Ward No. 01, Sakti Police Station Sakti, District- Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through District Magistrate Sakti, District- Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Praveen Sharma, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/02/2026 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.482/2025 registered at Police Station – Sakti District – Sakti (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1), 191(2), 191(3) and 126(2) of BNS, 2023 read with Section 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that about 8.30 p.m. complainant was present in her house at that time Roshan Sahis, Anurag Sahis, Shera Sarthi, Indal Sarthi, Digambar Sarthi, Ramkishan, Suraj Sahis, Ashish Sahis and present applicant after consuming liquor started abusing complainant's mother and sister by using filthy and obscene language and Mahendra Kathe and elderly person of the locality objected and told them that consumption of liquor near the temple premises is prohibited, then VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.07 10:59:41 +0530 2 Roshan Sahis, Anurag Sahis and Shera Sharthi abused him by obscene language and threatened to kill him, on hearing of the noise Prahlad, Rohan, Sahil and Pushpendra were reached on spot to intervene and try to save the complainant. It is alleged that all the accused persons formed the unlawful assembly and assaulted the intervened by means of hand, fist and hard blunt object causing injuries to them. On the basis of said report, the police has registered the crime against the applicant and other accused persons for the offence u/s 296, 351(3), 118(1), 191(2), 191(3), 126(2) of the Bhartiya Nyay Sanhita 2023 and section 25, 27 of the Arms Act. Hence, this bail application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the allegations against the applicant are exaggerated and motivated. According to the prosecution case, on the date of the incident, the applicant and other co-accused persons, after consuming liquor, started abusing the complainant’s mother and sister by using filthy and obscene language, when an elderly person of the locality objected and informed them that consumption of liquor near the temple premises was prohibited, the accused persons namely Roshan Sahis, Anurag Sahis and Shera Sharthi allegedly abused him in obscene language and extended threats to kill him. It is alleged that all the accused persons thereafter formed an unlawful assembly and assaulted the interveners by means of hands, fists and hard and blunt objects, causing injuries to them. On these grounds, learned counsel prays for grant of anticipatory bail to the applicant. 4. Per contra, learned counsel for the State opposes the bail application and submits that there are a total of six injured persons in the incident, out of which two have sustained grievous injuries, while the remaining four have suffered simple injuries. It is further submitted that the offence is serious in nature, involving unlawful assembly, assault, use of force, and intimidation, and that custodial interrogation of the applicant is necessary. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Upon consideration of the submissions made by learned counsel for the parties and on perusal of the case diary, this Court finds that the allegations against the applicant disclose active participation in the incident. The nature of the accusations, the manner in which the offence was allegedly committed, the presence of multiple injured persons including two with grievous injuries, and the gravity of the offence do not warrant the grant of anticipatory bail at this stage. 7. Accordingly, this first bail application of applicant –Vinod Kumar involved in Crime No..482/2025 registered at Police Station – Sakti District – Sakti (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1), 191(2), 191(3) and 126(2) of BNS, 2023 read with Section 25 & 27 of Arms Act, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali