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2026 DAILYLAW 16968 (CHH)

SUNY ALIAS ASHISH THAKUR v. STATE OF CHHATTISGARH

MCRCA/1940/2025 · 2026-02-11

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Judgment text

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1 2026:CGHC:7911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1940 of 2025 Suny Alias Ashish Thakur S/o Dhannu Thakur Aged About 21 Years R/o House No. 978 Ward No.10, Pump House Magazine Bhatha, Korba, Tahsil And District Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Civil Lines, Korba, District : Korba, Chhattisgarh ... Non-Applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, PL. For Complainant : Mr. Prithvi Raj Sahu, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2026 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 his arrest in connection with Crime No.562/2025 registered at Police Station – Civil Line District - Korba, (C.G.) for the offence punishable under Sections 118(2), 140(2), 296, 3(5) and 351(2) of BNSS. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.12 19:45:46 +0530 2 2. Case of the prosecution in brief is that the complainant Chinna Rao, submitted a written application at Police Station Civil Lines, Rampur, District Korba, stating that Kondarao is his younger brother. It is alleged that on 11.09.2025 at about 11:20 p.m., the injured Kondarao made a phone call informing him that due to prior rivalry, accused Gautam, the Applicant, Noman and their associates had forcibly taken him on a motorcycle after threatening him with a knife towards the 16 Block Pump House, where they assaulted, abused and criminally intimidated him. It is further alleged that the Applicant has assaulted him on the knee with a screwdriver, while co-accused Noman Ahmed inflicted injuries on his head by some means and another associate struck him on the nose. Thereafter, the accused persons fled from the spot, leaving the injured near a hospital, where he is presently undergoing treatment. Hence, this anticipatory bail application has been filed by the present Applicant. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. He further submits that the report has been lodged by the complainant, who is the brother of the victim, however, an agreement has been executed between the parties stating 3 that they have compromised the dispute and the victim has no objection, therefore, the Applicant deserves to be granted the benefit of anticipatory bail. 4. On the other hand, learned Counsel for the State opposes the prayer for anticipatory bail and submits that the allegations against the Applicant are serious in nature, involving assault and use of weapons and the investigation is still at a crucial stage. It is contended that the compromise entered into between the parties cannot by itself be a ground for grant of anticipatory bail, particularly when the offences alleged are of grave character, therefore, the Applicant is not entitled to the discretionary relief of anticipatory bail. 5. Learned Counsel appearing for the complainant also opposes the prayer for grant of anticipatory bail, however, he submits that no such compromise has taken place between the parties. 6. Having considered the rival submissions and upon perusal of the case diary and material available on record, this Court finds that at this stage, custodial interrogation of the Applicant does not appear necessary as the matter seems to have arisen from a personal dispute and the parties have also entered into a compromise, therefore, without further 4 expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the Applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Suny Alias Ashish Thakur, 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/s 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 her/him/them from disclosing such fact to the Court. (b) The applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant/s shall appear before the trial Court on each and every date given to her/him/them by the said Court till disposal of the trial. (d) The applicant/s 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/s shall not involve herself/himself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Priya