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2026 DAILYLAW 13052 (CHH)

GOVIND PATEL v. STATE OF CHHATTISGARH

MCRCA/542/2026 · 2026-04-26

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Judgment text

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1 2026:CGHC:19362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 542 of 2026 Govind Patel S/o Shri Babulal Patel Aged About 35 Years R/o Village Tongopathra, P.S.- Pithora, Distt.- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Pithora, Distt.- Mahasamund (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/04/2026 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.02/2026 registered at Police Station –Pithora, Teh. Pithora, Distt-Mahasamund, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.28 11:57:56 +0530 2 (C.G.) for the offences punishable under Sections 115(2), 127(1), 296, 3(5), 351(3), 109 of B.N.S, 2023. 2. Case of the prosecution, in brief, is that the complainant, namely Chakradhar Sahu, lodged a written complaint on 01.01.2026, alleging that while he and his younger brother (Ganesh Sahu) were returning home on a motorcycle, they were intercepted near Hemsagar's house by Preetlal Sahu, Dashrath Sahu, Brijlal Sahu, and the present applicant, Govind Patel. The accused persons, armed with wooden sticks (lathi), assaulted them, and his brother (Ganesh Sahu) sustained injuries. When Savitri Budek, who lived in the neighbourhood, saw the fight and tried to stop them, the present applicant slapped her twice, as a result of which she fell to the ground. On this basis, a crime was registered against the present applicant/accused and the other accused by the P.S. Pithora, Crime No. 02/2026, under sections 115(2), 127(1), 296, 3(5), 351(3) of B.N.S 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and there is no evidence to establish that the present accused were actively involve in the said commission of crime. He would submit that during the pendency of these proceedings, the intervention of village elders and well-wishers has led to an amicable settlement between the family of the Present Applicant (Govind Patel) and the family of the victim (namely Savitri Budek). He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions 3 imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the injured has given a statement that he do not want to go for medical treatment and the matter has also been compromised between the parties. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that the injured has given a statement that he do not want to go for medical treatment and the matter has also been compromised between the parties, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Govind Patel, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. 4 (b) The applicant shall not act in any manner which will be 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 gouri