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2026 DAILYLAW 16392 (CHH)

KRISH KUMAR MANHAR v. STATE OF CHHATTISGARH

MCRCA/164/2026 · 2026-02-01

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Judgment text

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1 2026:CGHC:5782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 164 of 2026 Krish Kumar Manhar S/o Narendra Kumar Manhar Aged About 19 Years R/o Village Sevati P.S. And Tahsil Bilha, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police Station Bilha, District Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Khushboo Sahu, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.02.2026 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 her arrest in connection with Crime No. 14/2026 registered at Police Station Bilha, District Bilaspur (C.G.) for the offence punishable under Sections 115(2), 296, 118(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief is that the complainant lodged a report at the concerned police station alleging that on the date of the incident, i.e., 03.01.2026 at about 8:00 p.m., a minor RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 dispute arose between the parties near an egg roll shop in connection with the Rampur Mela, pursuant to which the accused persons allegedly assaulted the complainant by hands, fists and a danda, and thereafter fled from the spot. On the basis of the said report, the concerned police station registered an offence punishable under Sections 115(2), 296, 118(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita against the applicant and other co- accused persons. Hence, the present application for anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, having no nexus whatsoever with the alleged incident as narrated by the prosecution. It is contended that at the time of the incident there was only a simple dispute between the parties, and the applicant did not commit any of the offences alleged against him. The injuries sustained by the injured persons were, in fact, caused by the main accused, namely Karan Kumar Verma, and not by the present applicant, who is stated to be a friend of the injured persons. It is further submitted that there are four accused persons in the present case including the applicant, out of whom three co- accused have already been granted bail by the learned trial Court, and therefore, on the ground of parity, the present applicant is also entitled to be enlarged on bail; copies of the bail orders have been filed collectively as Annexure A-3. She further submits that though it is alleged that two injured persons, namely Narendra Banjare and Uttara Markhande, suffered stab wounds and lacerated injuries due 3 to a sharp bamboo stick, the present applicant is alleged, at best, to have used a blunt object, and even otherwise, from perusal of the MLC reports of the injured persons, it is evident that the doctor has not opined about the nature or gravity of the injuries. It is thus submitted that no prima facie case is made out against the applicant, none of the essential ingredients of the offences punishable under Sections 115(2), 296, 118(2), 351(3) and 3(5 of the Bharatiya Nyaya Sanhita are attracted against him, there is no material evidence to substantiate the allegations, and the applicant has not acted in the manner alleged by the prosecution. Hence, she prays that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the FIR clearly discloses that on 03.01.2026 at about 8:00 p.m., near an egg roll shop in connection with the Rampur Mela, the applicant along with other co- accused persons assaulted the complainant by hands, fists and a sharp bamboo stick, and thereafter fled from the spot. It is contended that the applicant was an active participant in the incident and the allegations against him are supported by the contents of the FIR. Considering the nature of the allegations, the manner of assault and the offences registered under Sections 115(2), 296, 118(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, she submits that this is not a fit case for grant of bail and prays that the applicant is not entitled for grant of anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the submissions advanced by learned counsel for the parties, it appears that the dispute arose suddenly in connection with the Rampur Mela and the allegations against the present applicant are general in nature. It is also taken into consideration that the injuries sustained by the injured persons are not prima facie shown to be grievous in nature, that three similarly situated co-accused persons have already been granted bail by the learned trial Court, and that no specific overt act with a deadly weapon is attributed to the present applicant, this Court is of the considered opinion that the applicant deserves to be enlarged on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Krish Kumar Manhar 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 prejudicial to fair and expeditious trial. 5 (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 her 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