1 2026:CGHC:22309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 732 of 2026 1 - Prakashchand Sahu S/o Bhikham Lal Sahu Aged About 40 Years R/o Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh. 2 - Angad Ram Sahu S/o Bhikham Lal Sahu Aged About 47 Years R/o Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh. 3 - Lakshya Sahu S/o Angad Ram Sahu Aged About 18 Years R/o Aadarsh Nagar, Mowa, Tehsil And District Raipur Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Station House OfÏcer P.S. Pandri, District Raipur Chhattisgarh. ... Non-applicant For Applicants : Mr. Shalvin Sharma, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.05.2026 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. 97/2026 registered at Police Station Pandri, District Raipur, (C.G.) for the offence punishable under Sections 115(2), 296, 333, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution’s case, in brief is that from FIR No. 97/2026, a dispute arose on 12.04.2026 between the complainant Manoj Verma and the family of the present applicants regarding the repair of a wall damaged during construction work. It is further alleged that the applicants used abusive language and forcibly entered into the house of the complainant, where they assaulted him with a rod-like object, as a result of which the complainant sustained injuries. Hence, the present anticipatory bail application. 3. Learned counsel for the applicant submits that the present case arises out of a sudden and spontaneous quarrel between neighbours and there was no premeditated intention or preparation required for the alleged offence under Section 333 of the BNS. He further submits that it is pertinent to mention that as per FIR No. 98/2026 (counter FIR), the complainant Manoj Verma was the aggressor and he had assaulted the applicants with sticks, causing injury to applicant No. 3 on his left shoulder. It is further submitted that applicant No. 2 Angad Ram Sahu also sustained severe head injuries for which a CT scan of brain was conducted, wherein it has been revealed that his cistern, cortical sulci and ventricular system are noted to be disproportionate and he is also suffering from mild chronic left maxillary sinus disease, the copy of which is annexed as Annexure A-4. It is further submitted that the injuries sustained by the complainant are simple in nature as reflected from the applicability of Section 115(2) of the BNS, which is a bailable offence. He also submits that applicant No. 3 is a young student and his continued incarceration would seriously affect his education and 3 future prospects. It is further submitted that this is a case of cross- version where both parties have sustained injuries and the question as to who was the aggressor is a matter of trial, thus the principle of parity is also applicable. It is also submitted that the investigation is substantially based on documentary evidence and statements of neighbours, hence there is no likelihood of tampering with evidence. It is further submitted that the applicants have no criminal antecedents and are permanent residents of Raipur, therefore there is no possibility of absconding. Hence, it is prayed that the applicants be granted 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 present case arises out of a serious incident of assault wherein the complainant Manoj Verma was attacked by the applicants by using a rod-like object, as a result of which he sustained injuries. It is further submitted that the investigation has revealed the active involvement of the applicants in the incident and the medical evidence supports the prosecution version regarding assault. She further submits that the mere filing of a cross FIR does not dilute the gravity of the offence alleged against the applicants, as both the matters are subject to trial and require proper appreciation of evidence. Therefore, looking to the nature and gravity of the offence, the role attributed to the applicants, and the material available on record, the applicants are not entitled to be released on 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 applicants, the counter FIR indicating a cross-version wherein it is alleged that the complainant was the aggressor and injuries have also been sustained by the applicants, including injury to applicant No. 3 and head injury to applicant No. 2 as supported by medical documents, it appears that the incident arose out of a sudden and spontaneous quarrel between neighbouring parties. It is further considered that the question as to who was the initial aggressor is a matter of evidence to be adjudicated during trial. Further the fact that the applicants have no criminal antecedents and are permanent residents of the area, there appears no likelihood of their absconding or tampering with evidence. Therefore, without expressing any opinion on the merits of the case, this Court is of the considered opinion that the applicants deserve 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 applicants – Prakashchand Sahu, Angad Ram Sahu, and Lakshya Sahu on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted 5 with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the sureties 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan