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2026 DAILYLAW 13128 (CHH)

SUMENDRA KHANDE v. STATE OF CHHATTISGARH

MCRCA/184/2026 · 2026-02-09

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Judgment text

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1 2026:CGHC:7391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 184 of 2026 Sumendra Khande S/o Late Parasram Aged About 35 Years R/o Gataura, Near Ambedkar Chowk, Thana Masturi, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - P.S. Masturi, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Vikas Kumar Pandey, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10/02/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.318/2025, registered at Police Station Masturi, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.12 18:26:34 +0530 2 District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 115(2), 296, 351(2), 109, 3(5) of B.N.S. and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant Santosh Kant lodged a report at police station Masturi against the present applicant and other co-accused Shiv Khande. The complainant resides with his family near Ambedkar Chowk Village Gatoura, where he runs a grocery shop on 22/05/25 at around noon, while the complainant was at his shop along with his son Shashikant, the present applicant, who was in a drunken stage, came to the shop, purchased water, pouch and rajshree but refused to pay. When the complainant asked him to pay he started abusing and threatened to kill him. The present applicant then left on his motorcycle returned shortly after with Rs.800/-, handed the money to complainant's son and went away. Latter in the evening Sumendra came back along with his brother thereafter they attacked Shashikant on the head with iron pipe causing a serious head injury due to which Shashikant fell to the ground bleeding profusely. During the course of investigation police registered the FIR against the present applicant and other co-accused person. 3. Learned counsel for the applicant submitted that though bail application of the co-accused namely Shiv Khande have been rejected by this Court in MCRC No.7224/2025 on 10/09/2025 but he states that the applicant’s case is different, he has been falsely implicated in the present case. He would submit that the applicant 3 is ready to abide by all the directions and conditions which may be imposed by this Court while granting bail, the applicant is permanent resident of above mentioned address shown in the cause title and there is no likelihood of his absconding or tampering with prosecution witnesses, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. She would submit that the applicant along with the co-accused have participated in the crime and caused injuries to the injured and two injured have received grievous injuries and they were operated also, therefore the applicant is not entitled to be released on 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, submission of learned counsel for the parties, considering the fact that the applicant along with the co-accused have participated in the crime and caused injuries to the injured and the two injured have received grievous injuries and they were operated also and considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Sumendra Khande involved in Crime No.318/2025, registered at 4 Police Station Masturi, District Bilaspur (C.G.) for alleged commission of offence punishable under Sections 115(2), 296, 351(2), 109, 3(5) of B.N.S. and Section 25, 27 of Arms Act is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri