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2026 DAILYLAW 19246 (CHH)

RAJKUMAR BEHRA v. STATE OF CHHATTISGARH

MCRCA/717/2026 · 2026-05-10

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Judgment text

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1 2026:CGHC:22035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 717 of 2026 1 - Rajkumar Behra S/o Late Jadbo Aged About 52 Years Caste Kumhar, R/o Village Bamhni, P.S. Duldula, Distt. Jashpur, Chhattisgarh. 2 - Udhav Behra @ Urdho S/o Khulu Aged About 63 Years Caste Kumhar, R/o Village Bamhni, P.S. Duldula, Distt. Jashpur, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, P.S. Duldula, Distt. Jashpur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Dr. Arham Siddqui, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer For Objector Ms. Koushalya Yadav, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/05/2026 1. This is First anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No.21/2026 registered at Police Station – Duldula District- Jashpur (C.G.) for the offences punishable under Sections 294, 115(2), 351(2), 118(2) and 3(5) of BNS, 2023. 2. As per the prosecution story, the complainant namely Shashi Yadav lodged first information report (F.I.R.) on 28-03-2026 alleging that the applicant no. 1 Rajkumar Behra, alongwith Vivek Behra and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.12 18:36:13 +0530 2 Girdhari Behra were obstructing the way by digging column and upon being asked, he was hurled abuses by them and was asked to go away. Thereupon, Vivek Behra and applicant no. 1 Rajkumar Behra committed brawl with hand and fists and beat the applicant with bamboo stick. The applicant no. 1 also bit the complainant with his teeth. Upon seeing the scuffle, the father of the complainant namely Shekhar Yadav reached the place of incident and the applicants alongwith Vivek Behra and Girdhari Behra commited brawl with hand, fists lathi and iron sabbal (rod), and when one Dharmendra Yadav and her grandmother Kasturiya Bai reached the place of incident, they were also beaten up. Therefore, aforesaid offences were registered against the applicants. 3. Learned counsel for the applicant submits that the applicants are innocent and he has been falsely implicated in the present case. He would submit that learned counsel for the applicants submits that the allegations against the applicants are omnibus and exaggerated in nature. It is submitted that a trivial dispute relating to obstruction of way led to a scuffle between both parties, wherein allegations of assault by hand, fists, bamboo stick, lathi and iron rod have been levelled against several persons collectively. It is further submitted that the applicants have been falsely implicated due to previous enmity and no specific overt act causing grievous injury is attributable to the present applicants. Further more investigation and trial are likely to take time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector would oppose the prayer for grant of anticipatory bail and submits that in the present case cross-report has been filed, and 3 both parties have sustained injuries. It is further submits that there are total four injured person, out of which injuries sustained by the one injured person are grievous in nature. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties, allegation levelled against the applicant and also considering the fact that cross-report has been filed, and both parties sustained injuries, further more injuries sustained by the one injured person are grievous in nature, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant No.1– Rajkumar Behra and applicant No.2 – Udhav Behra @ Urdho filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.21/2026 registered at Police Station – Duldula District-Jashpur (C.G.) for the offences punishable under Sections 294, 115(2), 351(2), 118(2) and 3(5) of BNS, 2023., is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaishali