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2026 DAILYLAW 13757 (CHH)

IQBAL SURYAVANSHI v. STATE OF CHHATTISGARH

MCRCA/238/2026 · 2026-03-01

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Judgment text

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1 2026:CGHC:10746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 238 of 2026 1 - Iqbal Suryavanshi S/o Seetaram Suryavanshi, Aged About 22 Years R/o Village- Khaira Daganiya, Thana- Seepat, District Bilaspur (C.G.) 2 - Vishal Kumar Suryavanshi, S/o Indra Kumar, Aged About 22 Years R/o Village- Khaira Daganiya, Thana- Seepat, District Bilaspur (C.G.) 3 - Bhujbal Kumar S/o Munna Lal Suryavanshi, Aged About 21 Years R/o Village- Khaira Daganiya, Thana- Seepat, District Bilaspur (C.G.) 4 - Anish Kumar Suryavanshi, S/o Seetaram Kumar Suryavanshi, Aged About 19 Years R/o Village- Khaira Daganiya, Thana- Seepat, District Bilaspur (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through P.S. Seepat, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bhuvneshwar Singh Rajput, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/03/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.23/2026 registered at Police Station – Seepat, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.03 17:47:14 +0530 2 District: Bilaspur, C.G. for the offence punishable under Sections 296, 115(2), 351(2), 119(1) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Aditya Patel lodged a report at police station Seepat to the effect that he is a resident of Police Station Darri, District-Korba, Presently he is living on rent in village Khaira (D). He works as a Poklane operator in the Khaira mine of Divya Rajya Singh in village Khaira. On 11.01.2026 he was operating the Poklane in the evening, when at around 03:30 P.M., the applicant/accused Iqbal Suryavanshi, Vishal Suryavanshi and his other associates came there and threatened extortion and said if you want to work here, you will have to pay tax. He said that he will ask the owner Divya Rajya Singh and then tell him, then he started making a call. Meanwhile, Iqbal took his mobile and took away the keys of the Poklane. He started demanding his mobile and the key of the Poklane, then Iqbal said that he will give you your mobile and the keys of the Poklane only after giving you money. You will have to pay the money and when he said that he does not have money, you can take it when the owner comes, then the applicant Vishal Suryavanshi abused him with obscene language about his mother and sister, saying that he would kill him. He hit him with the stick in his hand and Iqbal Suryavanshi, Akash Suryavanshi and others slapped and kicked him. Seeing the fight, Munshi Rahul Kashyap and Harihar Rao present there intervened, due to the beating he got injuries on his left arm, head and back. 3 3. Learned counsel for the applicants submitted that applicants are innocent and have falsely been implicated in this case. He also stated that the allegations against the present applicants are that the parties had an altercation over money and that they verbally abused and assaulted each other. As a result, the injured person sustained injuries to his left arm, head, and back and injuries sustained by the injured are simple in nature. He also submits that there is counter FIR has been registered, applicant No.1 has also lodged an FIR against the complainant at the same police Station, which has been registered as FIR No.25/2026. He further submits that complainant had filed an application for no objection on bail dated 27.01.2026 stating therein there is a counter case has been registered between the parties and they want to close it by way of compromise. He also submits that applicant No.3 Bhujbal Kumar and applicant No. 4 Anish Kumar Suryavanshi names were not mentioned in the FIR. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non -applicant/State, opposes the prayer for grant of anticipatory bail and submits that in compliance of this Court’s order dated 12.02.2026, concerned Superintendent of Police has filed explanation from the Investigating Officer as to why the medical examination reported of the injured persons has not been forwarded and the relevant paragraph of the aforesaid affidavit is quoted herein as under :- “4.That, the Deponent most humbly and respectfully submits that, in reply to the aforesaid explanation letter 4 dated 25.02.2026, the concerned Station House Officer, Police Station Seepat, District Bilaspur has duly informed to the office of the Deponent vide his letter dated 25.02.2026 that, the subject crime number is being investigated by the Investigating Officer, Head Constable 11 Prafull Singh and the said Investigating Officer has gone to the Refresher Course, organized at Police Training School, Mana, District Raipur (C.G.) from 23.02.2026 to 28.02.2026. It is further duly informed by the concerned Station House Officer that, the said Investigating Officer was contacted through his Mobile, who told that, due to the absence of the Medical Officer in the Primary Health Centre, Seepat, District Bilaspur the injured persons could not be treated immediately and thereafter, the injured persons were treated at Community Health Center Masturi, District Bilaspur. It is further told by the said Investigating Officer that, due to the medical treatment report of the injured persons being received later, the same could not be attached at the time of sending the Case Diary to the Hon'ble Court. Copy of the information letter dated 25.02.2026, issued by the SHO, PS Seepat, District Bilaspur, is being annexed herewith Annexure R/2 for kind perusal of this Hon’ble Court.” 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 injuries sustained by the injured 5 are simple in nature and complainant had filed an application for no objection on bail to the applicants on 27.01.2026 stating therein there is a counter case has been registered between the parties and they want to close it by way of compromise, therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1-Iqbal Suryavanshi applicant No.2 – Vishal Kumar Suryavanshi, applicant No.3 Bhujbal Kumar and applicant No.4 – Anish Kumar Suryavanshi, 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. (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 their 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. 6 8. It is made clear that the Investigating Officer should be careful in sending all the documents along with the case diary at the time of adjudication of the bail application. 9. 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