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2026 DAILYLAW 20206 (CHH)

RAJMAN SALAM v. STATE OF CHHATTISGARH

MCRCA/688/2026 · 2026-05-13

body2026

Judgment text

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1 2026:CGHC:23040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 688 of 2026 • Rajman Salam S/o Late Chamraram Salaam Aged About 36 Years R/o Village Badetevada, Ps Amabeda, Tehsil and District Uttar Bastar Kanker, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through P.S. - Amabeda, District - Uttar Bastar Kanker, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Deepali Gupta, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/05/2026 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.17/2025 registered at Police Station – Amabeda, District: Northern Baster Kanker, C.G. for the offence punishable under Sections 190, 191(2), 191(3),296, 115(2), 351(3) and 118(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 15.12.2025, Chamraram Salam, aged about 83 years and father of the present Applicant, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.15 18:20:09 +0530 2 passed away during treatment at Government Hospital, Kanker, whereafter his body was brought to Village Badetevada. On 16.12.2025, the complainant alleges that the deceased was buried in the village according to Christian faith in defiance of the practices of the village, which is manifestly incorrect, as the deceased was buried on the Applicant's land by the family following Adivasi rituals. Furthermore, the complaint alleges that on 17.12.2025, the Applicant and others gathered in an unlawful assembly and attacked the complainant and other villagers with sticks and lathis, when the latter had gone to advise them on the final rituals. This is also a gross misrepresentation as the complainant had in fact coerced large number of villagers from several nearby villages to accompany him and others, as they threatened to exhume the body of the deceased, alleging non-compliance with village practices. The next day, on the 18.12.2026, the complainant and others gathered villagers in larger numbers and set fire the Applicant's house and 3 prayer halls in and around the village of Badetevada, and also attacked police personnel on duty, which is the subject of other FIR’s, in which the complainant himself is the accused. Thus, the present complaint is based on completely falsfied facts and is part an attempt to put a communal colour to a village strife following a political mobilization. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that that co-accused persons, namely Vikesh Kumar Sarfe and Sanau Ram Gupta have preferred anticipatory bail application bearing MCRCA No.583/2026 and MCRCA No.693 of 2026 which were allowed by this court on 20.04.2026 and 07.05.2026 respectively. A copy of the bail order passed in MCRCA No.583 of 3 2026 is annexed with covering memo in the bail application, therefore, she submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedent, and he could not disputed the fact that co-accused persons, namely Vikesh Kumar Sarfe and Sanau Ram Gupta have preferred anticipatory bail application bearing MCRCA No.583/2026 and MCRCA No.693 of 2026 which were allowed by this court on 20.04.2026 and 07.05.2026 respectively. A copy of the bail order passed in MCRCA No.583 of 2026 is annexed with covering memo in the bail application. 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 applicant has no criminal antecedent and co-accused persons, namely Vikesh Kumar Sarfe and Sanau Ram Gupta have already been granted anticipatory bail by this court bearing MCRCA No.583/2026 and MCRCA No.693 of 2026 vide order dated 20.04.2026 and 07.05.2026, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajman Salaam on executing a personal bond and one surety in the like sum to the satisfaction of 4 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. Sd/- (Ramesh Sinha) Chief Justice Vaishali